GIFT  OF 


REGISTRATION 


AND 


ELECTION    LAWS 


OF 


MARYLAND. 


Including  all  Amendments  to  and  including  the  Acts  of  the 
General  Assembly  of  1906. 


PUBLISHED  BY 


The    Secretary   of    State. 


1WH>. 


REGISTRATION 

AND- 

ELECTION    LAWS 

OF 


MARYLAND. 


Including  all  Amendments  to  and  including  the  Acts  of  the 
General  Assembly  of  1906. 


PUBLISHED  BY 

The   Secretary   of   State, 


1906. 


ELECTION  LAW. 


Article  33  of  the  Code  of  Public  General  Laws  of  Mary- 
land, title  "Elections/'  as  amended  by  the  Acts  of  1900, 
1901,  1902,  1904  and  1906. 

SUPERVISORS   OF  ELECTIONS. 

1.  The  Governor  shall  biennially  appoint,  by  and  with 
the  advice  and  consent  of  the  Senate,  if  in  session,  and 
if  not  in  session,  then  the  Governor  alone  shall  appoint, 
in  each  and  every  county  of  the  State,  and  in  the  city  of 
Baltimore,  three  persons,  who  shall  constitute  and  be 
styled  "The  Boards  of  Supervisors  of  Elections  of  the  re- 
spective counties  and  of  said  city."  Said  supervisors  shall 
be  residents  and  voters  in  their  respective  counties,  or  in 
the  city  of  Baltimore,  as  the  case  may  be,  and  two  of  them 
shall  always  be  selected  from  the  two  leading  political 
parties  of  the  State,  one  from  each  said  parties.    They 
shall  be  men'  of  high  character  and   integrity,  and  of 
recognized  business  capacity.     Before  appointing  such 
supervisors  of  elections  the  Governor  shall  request  the 
State  Central  Committees,  representing  each  of  the  two 
leading  political  parties  of  the  State,  in  each  county  and 
in  said  city,  as  the  case  may  be,  to  designate  at  least  four 
eligible  candidates  for  the  position  of  supervisor  of  elec- 
tions, in  their  respective  counties  and  in  said  city,  and 
the  Governor  shall  appoint  one  of  the  persons  so  desig- 
nated for  any  particular  county  or  for  said  city,  unless  in 
its  j  udgment,  all  of  said  persons  shall  be  unfit  or  incom- 
petent for  said  position,  in  which  case  he  shall  file  a  writ- 
ten statement  to  that  effect  with  the  Secretary  of  State,, 
setting  forth  such  fact,  and  the  grounds  therefor,  and 
thereupon  he  shall  call  upon  the  said  committee  for  the 
city  or  county,  as  the  case  may  be,  for  another  list  of  six 
names,  and  from  said  list  and  the  original  list  he  shall 
make  the  appointment. 

2.  Each  Supervisor  of  Elections  of  Baltimore  city  shall 
receive  an  annual  salary  of  fifteen  hundred  dollars,  and 
each  Supervisor  of  Elections  of  any  of  the  counties  of 
this  State  shall  receive  an  annual  salary  of  one  hundred 
dollars,  which  salary  may,  in  the  counties  having  more 

257310 


than  fifteen  polling  places,  be  increased  by  the  County 
Commissioners,  in  their  discretion,  to  an  amount  not  ex- 
ceeding one  hundred  and  fifty  dollars.  These  salaries 
and  all  other  expenses  incurred  by  them  under  this  Ar- 
ticle shall  upon  their  requisition,  be  audited  by  the 
County  Commissioners  of  their  respective  counties,  or 
by  the  Comptroller  of  Baltimore  city,  as  the  case  may  be, 
who  shall  pay  the  same  by  warrant,  drawn  upon  the 
proper  officers  of  their  county  or  of  said  city. 

3.  Before  entering  upon  the  duties  of  their  office  said 
Supervisors  of  Elections  shall  each  take  and  subscribe 
the  oath  prescribed  in  the  sixth  section  of  the  first  Ar- 
ticle of  the  Constitution,  and  also  an  oath  to  perform 
faithfully  and  honestly  the  duties  imposed  upon  them  by 
law.    These  oaths  shall  be  taken  before  and  duly  recorded 
by  the  Clerk  of  the  Circuit  Court  for  the  county,  or  of 
the  Superior  Court  of  Baltimore  city,  as  the  case  may  be, 
who  shall  be  entitled  to  a  fee  of  twenty-five  cents  for 
each  oath,  to  be  paid  by  the  supervisor.    Within  twenty 
days  after  their  appointment  the  Supervisors  of  Elec- 
tions for  each  county  and  for  the  city  of  Baltimore,  re- 
spectively, shall  organize  as  a  board  by  electing  one  of 
their  number  as  president ;  and  they  shall  hold  office  for 
two  years,  and  until  their  successors  are  appointed  and 
qualified,  unless  sooner  removed,  for  good  cause  shown, 
by  the  Governor,  who  shall  have  power  to  so  remove 
them  at  any  time,  upon  written  charges,  after  notice 
and  hearing. 

4.  In  case  of  any  vacancy  in  the  number  of  said  Super- 
visors of  Elections  occurring  when  the  Legislature  is  not 
in  session,  the  Governor  shall  appoint  some  eligible  per- 
son to  fill  such  vacancy  during  the  remainder  of  the  term 
of  office  of  the  person  originally  appointed;  but  if  the 
latter  was  appointed  as  the  representative  of  a  political 
party,  then  only  a  person  belonging  to  the  same  political 
party  shall  be  eligible  as  his  successor  ;  and  it  shall  be 
the  duty  of  the  Governor,  before  appointing  such  suc- 
cessor, to  request  the  State  Central  Committee  repre- 
senting such  political  party  in  the  county  or  city,  as  the 
case  niay  be,  to  designate  candidates  for  such  successor, 
in  the  same  manner  as  in  the  case  of  an  original  appoint- 
ment ;  and  if  the  Governor  shall  see  fit  not  to  appoint 
any  one  of  the  persons  so  designated,  he  shall  file  his 


reasons  for  not  doing  so,  as  in  the  case  of  an  original  ap- 
pointment, and  he  shall  appoint  as  and  from  list  as  pro- 
vided in  case  of  an  original  appointment. 

5.  Each  Board  of  Supervisors  shall  have  an  office,  and 
shall  provide  all  necessary  ballot-boxes  and  ballots,  and 
all  registry  books,  poll  books,  tally  sheets,  blanks  and 
stationery  of  every  description,  with  printed  headings 
and  certificates,  necessary  and  proper  for  the  registry  of 
voters  and  conduct  of  elections,  and  for  every  incidental 
purpose  connected  therewith;  and  the  expenses  thereof 
shall  be  paid  by  the  county  or  by  the  Mayor  and  the  City 
Council  of  Baltimore,  as  the  case  may  be,  as  above  pro- 
vided.    It  shall  be  the  duty  of  the  County  Commission- 
ers of  the  several  counties,  and  of  the  Mayor  and  City 
Council  of  the  city  of  Baltimore,  to  allow  the  reasonable 
use  of  the  public  buildings  in  their  respective  counties, 
and  in  said  city,  by  the  election  supervisors  thereof,  and 
to  light  and  heat  the  same  for  such  use,  and  in  all  proper 
ways  to  facilitate  them  in  the  discharge  of  their  duties 
as  such  supervisors. 

6.  The  Board  of  Supervisors  of  Elections,  of  the  several 
counties,  may  have  clerks,  with  the  consent  of  the  County 
Commissioners,  for  their  respective  counties,  at  such 
compensation  as  the  said  County  Commissioners  may  fix. 
The  Supervisors  of  Elections  of  the  city  of  Baltimore 
shall  have  a  clerk  at  a  salary  of  two  thousand  dollars  and 
a  messenger  at  a  salary  of  eight  hundred  dollars  per 
annum.    The  said  clerks,  and  in  the  city  of  Baltimore 
the  said  messenger,  shall  be  appointed  by  the  respective 
boards  of  supervisors,  and  shall  be  removable  by  them 
in  their  discretion.     In  Baltimore  city,  the  clerks  and 
messenger,  with  the  approval  of  the  supervisors,  shall, 
from  time  to  time,  secure  such  temporary  assistance  as 
may  be  necessary  for  the  proper  transaction  of  the  busi- 
ness of  the  office,  but  the  compensation  of  such  assis- 
tance to  be  paid  by  the  Mayor  and  City  Council  of  Bal- 
timore, upon  requisition  by  the  said  supervisors,  shall 
not  exceed  the  sum  of  two  thousand  dollars  in  any  one 
year. 

JUDGES  AND  CLERKS    OF  ELECTION. 

7.  In  each  year  the  Board  of  Supervisors  of  Elections 
in  the  city  of  Baltimore  shall  select  before  the  first  day 
of  July,  four  judges  of  election;  and  before  the  fifteenth 


day  of  September,  two  clerks,  for  each  election  precinct  in 
said  city,  taking  two  of  such  judges  and  one  of  such  clerks 
from  each  of  the  two  leading  political  parties  of  the  State. 
The  Boards  of  Supervisors  in  the  several  counties,  in  each 
year  in  which  an  election  in  November  is  to  be  held  in 
their  respective  counties,  shall  select,  before  the  first  day 
of  July,  two  judges  of  election,  and  before  the  15th  day 
of  September,  two  more  judges  of  election,  and  two  more 
clerks  for  each  election  district  in  their  respective 
counties,  or,  where  a  district  is  divided  into  voting  pre- 
cincts, for  each  voting  precinct  in  such  district,  taking 
one  of  such  judges  and  one  of  such  clerks,  in  making 
each  such  selection,  and  for  each  such  voting  precinct  or 
district,  from  each  of  the  two  leading  political  parties  of 
the  State,  so  that  such  parties  shall  be  equally  repre- 
sented at  all  times  among  said  election  officers.  It  shall 
not  be  necessary  to  appoint  new  or  special  judges  or 
clerks  of  election  for  any  election  not  held  on  the  first 
Tuesday  after  the  first  Monday  in  November,  whether 
general,  special,  local  or  municipal,  and  whether  such 
election  be  held  in  the  whole  State  or  in  any  county  or 
part  thereof;  but  the  judges  and  clerks  appointed  under 
this  Article  for  the  preceding  November  election  shall 
discharge  the  duties  of  said  judges  and  clerks  of  election, 
respectively,  within  their  several  precincts  or  districts 
wherein  such  election  shall  be  held.  Each  judge  and 
each  clerk  must  be  a  legal  voter  residing  in  the  precinct 
or  district,  as  the  case  may  be,  for  which  he  is  selected — 
a  man  of  good  capacity  and  character— able  to  speak, 
read  and  write  the  English  language,  and  skilled  in  the 
four  fundamental  rules  of  arithmetic,  not  holding  any 
other  public  office  or  employment,  and  not  a  candidate 
for  any  office  at  the  next'election;  provided,  that  in  the 
city  of  Baltimore,  whenever  all  three  supervisors  shall 
file  in  their  office  a  sworn  statement,  in  writing,  that 
suitable  persons  cannot,  in  their  judgment,  be  secured  in 
any  particular  precinct  for  some  of  the  offices  to  be 
filled,  such  offices  may  in  such  case  be  filled  by  persons 
otherwise  qualified  residing  in  another  precinct  of  the 
same  ward. 

8.  Each  supervisor  shall  have  a  veto  upon  the  pro- 
posed selection  or  nomination  of  any  judge  or  clerk;  and 
if,  in  any  case,  in  consequence  of  such  veto,  the  Board  of 


Supervisors  cannot  agree  upon  an  appointment,  then  the 
supervisor  or  supervisors  belonging  to  the  political  party 
entitled  to  be  represented  by  the  judge  or  clerk  in  ques- 
tion shall  name  three  men  who  are  eligible,  and  from 
these  the  other  supervisor  or  supervisors  shall  select  such 
judge  or  clerk. 

9.  Each  person  selected  as  judge  or  clerk  by  the  Board 
of  Supervisors  shall  be  promptly  notified  of  the  fact  of 
his  selection,  with  directions  to  appear,  within  the  time 
fixed  in  the  notice,  before  the  board  for  the  purpose  of 
of  examination;  and  if,  upon  examination,  he  is  found 
qualified,  he  shall,  unless  excused  by  the  supervisors  for 
good  cause,  be  appointed  by  the  supervisors,  and  shall  be 
bound  to  serve  as  such  officer  for  the  term  of  one  year. 
The  supervisors  shall  keep  books  in  which  shall  be  written 
down  the  name  of  all  the  judges  and  clerks  so  appointed, 
the  date  and  manner  of  notice  to  them  to  appear,  and 
whether  or  not  they  appear,  and,  if  appearing,  whether 
they  were  appointed,  rejected  or  excused,  and  if  rejected 
or  excused,  the  reasons  therefor.     No  person  shall  be 
compelled  to  serve  as  judge  or  clerk  for  one  year  after 
the  expiration  of  his  term  of  service,  and  all  persons  so 
serving  shall  be  exempt  from  jury  duty  during  the  term 
of  their  service  and  for  one  year  thereafter.     Any  per- 
son so  selected  and  notified  to  appear  for  examination 
who  shall  not  appear  before  the  board  as  required,  or 
shall  refuse  to  serve,  shall  be  fined  not  less  than  one 
hundred  dollars  nor  more  than  three  hundred  dollars, 
unless  it  shall  appear  that  he  was  not  qualified  for  such 
service  by  reason  of  ill-health,  infirmity  or  old  age.     It 
shall  be  the  duty  of  the  supervisors  to  notify  the  State's 
Attorney  of  the  county  or  city  of  Baltimore  of  the  fail- 
ure, refusal  or  neglect  of  any  person,  and  to  require  the 
State's  Attorney  to  institute  proceedings  for  such  penalty 
at  the  next  term  of  Court.     The  State's  Attorney  shall 
receive  a  fee  of  fifty  dollars  for  every  penalty  recovered 
by  him,  to  be  paid  out  of  the  sum  actually  recovered, 
whether  the  proceedings  for  the  recovery  of  such  pen- 
alty shall  be  instituted  of  his  own  motion  or  at  the  in- 
stance of  said  supervisors. 

CH.  385, 1898,  CHS.  290,  343,  539,  1902,  CH.  325, 1904. 

10.  The  judges  and  clerks  appointed  by  the  Board  of 
Supervisors  of  Elections    for  Garrett,   Queen  Anne's, 


8 

Dorchester,  Howard,  Frederick  and  Washington  coun- 
ties shall  not  be  required  to  appear  before  the  said  board 
for  the  purpose  of  examination  nor  to  be  sworn  in  as  re- 
quired by  section  9  of  this  Article,  but  the  said  Board  of 
Supervisors  of  Elections  for  said  counties,  before  mak- 
ing appointments  of  any  such  judges  or  clerks,  shall 
thoroughly  inform  themselves  as  to  the  qualifications  of 
the  parties  appointed  and  shall  not  require  their  attend- 
ance before  the  said  board  for  such  examination,  and 
shall  appoint  only  such  persons  as  are  known  to  them  to 
possess  the  proper  qualifications  for  the  position  to 
which  they  are  severally  appointed,  and  the  said  persons 
may  be  sworn  in  either  by  said  board  or  by  a  Justice  of 
the  Peace  or  Notary  Public  of  said  counties,  and,  when 
sworn  in  by  a  justice  or  notary,  shall  file  with  said  board 
a  certificate  of  such  qualification. 

ACTS  OF  1900,  CHAPTER  464. 

11.  After  the  judges  and  clerks  are  appointed,  the 
Board  of  Supervisors  shall  immediately,  and  before  the 
first  day  of  August  in  each  year,  give  notice  of  the  names 
of  all  such  judges,  and  shall  before  the  first  day  of  October 
give  notice  of  the  names  of  all  such  clerks  and  in  every 
case  the  residence  and  the  precincts  for  which  they  are 
selected,  by  causing  the  same  in  the  several  counties  to 
be  published  once  a  week  for  two  successive  weeks  in  two 
or  more  newspapers  in  each  county,  one  of  which  papers, 
if  possible,  shall  be  of  opposite  political  faith  from  that 
of  a  majority  of  such  supervisors;  and  if  no  newspapers 
be  published  in  such  county,  then  by  posting  such 
notice  in  three  of  the  most  public  places,  in  such  county, 
and  in  Baltimore  city,  to  be  published  on  two  succes- 
sive days  in  all  the  daily  newspapers  in  said  city 
which  shall  be  willing  to  publish  the  same  at  their 
current  rates  for  advertising  ;  said  board  in  appointing 
judges  and  clerks,  and  in  the  notice  thereof,  shall  desig- 
nate, the  parsons  intended  by  them  to  represent  the  poli- 
tical parties  respectively.  It  shall  be  the  duty  of  the 
said  board  to  examine  promptly  into  any  complaints 
which  may  be  preferred  to  them  in  writing  against  the 
fitness  or  qualifications  of  any  person  so  appointed  judge 
or  clerk,  and  to  remove  any  such  judge  or  clerk  when 
upon  inquiring  they  shall  find  to  be  unfit  or  incapable. 
The  board  shall  forthwith  appoint  persons  in  the  manner 


herein  before  prescribed  to  fill  all  vacancies  in  the  office 
of  judge  or  clerk,  and  shall  immediately  make  public  the 
names  of  such  persons  so  appointed  by  advertisement 
as  nearly  as  may  be,  as  herein  before  provided  for  the 
original  appointments.  The  record  'of  appointments  to 
fill  vacancies  shall  be  kept  in  the  books  herein  before 
prescribed  in  section  9,  which  books  with  the  recommen- 
dation and  protests  made  to  them,  and  all  their  other 
records  and  papers  shall  always  be  open  to  the  inspec- 
tion of  the  public.  After  notice  as  aforesaid  of  their 
appointments,  the  judges  and  clerks  shall  again  be  noti- 
fied to  appear  at  the  office  of  said  board,  and  shall  then 
and  there,  after  taking  the  oath  of  office  before  one  of 
said  supervisors,  receive  their  commissions.  The  oath 
of  office  shall  be  in  writing,  and  subscribed  by  each  one 
in  a  book  to  be  kept  for  the  purpose  by  the  supervisors 
and  shall  be  in  substance  as  follows  :  Residing  at 

— ,  in  the  city  (or  county)  of , 

in  the  State  of  Maryland,  do  solemly  swear  (or  affirm) 

that  I  am  a  legal  voter  in  in  the precinct  of 

the  -  —  ward  of  the  city  (or •  district  of 

-  county)  in  the  said  State,  that  I  will  support  the 
Constitution  of  the  United  States,  and  that  I  will  be 
faithful  and  bear  true  allegiance  to  the  State  of  Mary- 
land and  support  the  Constitution  and  laws  thereof,  and 
that  I  will  faithfully  and  honestly  discharge  the  duties 
of  an  officer  of  registration  and  judge  of  election  (or 

clerk  of  election)  for  the precinct  of  the 

ward  of  the  city  of  (or  district)  of  -  -  county,  in  the 
State  of  Maryland,  according  to  the  best  of  my  ability, 
and  I  do  further  swear  (or  affirm)  that  I  will  not  attempt 
to  ascertain,  save  in  cases  and  in  the  manner  in  which  I 
am  authorized  by  law  so  to  do,  for  what  candidate  or 
candidates  any  person  shall  vote  or  has  voted  on  any 
question  which  may  be  or  may  have  been  submitted  to 
the  vote  of  the  people,  and  if  such  knowledge  shall  be 
acquired  by  me  I  will  not,  directly  nor  indirectly,  by 
word  or  act,  divulge  or  reveal  the  same  or  aid  in  doing 
so,  save  when  I  may  be  required  to  do  so  by  law  in  some 
legal  proceeding. 

12.  It  shall  be  the  duty  of  said  Board  of  Supervisors 
to  appoint  the  place  of  registration,  and  also  the  polling 
place,  in  each  precinct  of  their  county  or  city,  and  to 


10 

cause  the  same  to  be  fitted  up,  warmed,  lighted  and 
cleaned.  The  places  for  registration  and  polling  shall, 
in  all  cases,  be  upon  the  ground  floor  of  a  building,  the 
entrance  to  which  is  from  the  highway  or  from  a  public 
street  at  least  forty  feet  wide,  if  in  the  city  of  Baltimore, 
and  at  least  twenty-five  feet  wide,  if  in  the  counties,  in 
a  room  facing  on  said  street  or  highway,  and  shall  be  as 
near  the  centre  of  the  voting  population  of  the  precinct, 
and  as  convenient  to  the  greatest  number  of  voters,  as 
is  practicable,  and  in  no  case  shall  a  registration  or  elec- 
tion be  held  in  any  building,  or  part  of  the  building, 
used  or  occupied  as  a  saloon,  dram-shop,  pool-room,  bil- 
liard hall  or  bowling  alley,  or  communicating  therewith 
by  doors  or  hallways.  If  no  suitable  place  is  found,  the 
supervisors  shall  provide  one. 

13.  It  shall  be  the  duty  of  the  person  or  officer  having 
charge  of  the  vital  statistics  of  any  city  or  county  to 
furnish  the  Board  of  Supervisors  of  Elections,  monthly, 
a  report  of  the  name  and  previous  residence  of  every 
male  person  over  twenty-one  years  of  age  who  shall  have 
died  during  the  preceding  month;  and  said  board  shall, 
immediately  before  the  registration  or  revision  thereof, 
in  each  year,  cause  to  be  arranged  alphabetically,  and  as 
near  as  possible,  according  to  wards  in  the  cities,  and  ac- 
cording to  election  precincts  in  the  counties,  the  names 
and  late  residences  of  all  such  deceased  persons,  and 
have  the  same  printed,  and  furnish  a  copy  of  said  printed 
list  to  each  member  of  the  Board  of  Registry  of  such 
wards  or  precincts  for  their  guidance. 

ACTS  OF  1902,  CHAPTER  545. 

14.  Said  Board  of  Supervisors  shall  give  ten  days' 
notice  of  the  time  and  place  of  registration,  and  of  re- 
vision thereof,  and  of  elections  in  each  precinct  of  such 
county  or  city,  by  hand  bills  set  up  in  the  most  public 
places  in  such  precinct,  and  also  in  the  counties,  by  ad- 
vertisement in  two  newspapers  (one  of  which  newspaper, 
if  possible,  shall  be  of  opposite  political  faith  from  that 
of  the  majority  of  said  supervisors)  of  general  circula- 
tion therein,  and  in  the  city  of  Baltimore,  by  advertise- 
ment in  all  the  daily  newspapers  which  will  publish  the 
same  at  their  current  rate  of  advertising.     And  the 
Sheriff  of  Baltimore  city  and  of  each  county  shall  no 


11 

longer  publish  such  notices  of  election.  Said  board  shall 
make  all  necessary  rules  and  regulations  not  inconsis- 
tent with  this  Article,  with  reference  to  the  registration 
of  voters  and  the  conduct  of  elections,  and  they  shall 
have  charge  of,  and  make  provision  for,  all  elections, 
general,  special,  local,  municipal,  State  and  county,  and 
for  all  others  of  every  description,  to  be  held  in  such 
city  or  county,  or  any  part  thereof,  at  any  time;  all 
questions  shall  be  decided  by  a  majority  of  the  board, 
unless  otherwise  expressly  provided  in  this  Article;  pro- 
vided, however,  that  in  any  incorporated  city  or  town  in 
this  State  (other  than  the  city  of  Baltimore)  in  which  the 
municipal  or  charter  elections  thereof  are  now  regulated 
by  the  Public  Local  Laws  of  the  State,  the  conduct  of 
such  municipal  or  charter  elections  shall  continue  to  be 
so  regulated  as  heretofore,  and  such  Public  Local  Laws 
shall  continue  in  force  therein. 

REGISTRATION. 

15.  Each  judge  of  election  in  the  city  of  Baltimore 
and  each  of  the  two  judges  of  election  appointed  before 
the  first  day  of  July  in  the  counties,  as  provided  in  sec- 
tion 7,  shall  also  be  an  officer  of  registration  in  the  dis- 
trict or  precinct  for  which  he  shall  be  appointed,  and  the 
judges  so  appointed,  when  duly  qualified,  shall  for  their 
respective  districts  or  precincts,  collectively,  constitute 
the  Board  of  Registry  thereof.  Said  officers  of  registra- 
tion, and  each  of  them,  in  addition  to  the  power  herein- 
after conferred  upon  them  as  judges  of  election,  shall 
have,  during  the  respective  times  of  the  appointed  sit- 
tings of  said  Board  of  Registry,  authority  to  keep  the 
peace  and  to  preserve  order  and  enforce  obedience  to 
their  lawful  commands  at  and  around  the  places  of  regis- 
tration; to  keep  the  access  to  such  place  open  and  unob- 
structed, to  prevent  and  suppress  riots,  tumult,  violence 
and  disorder,  any  violation  of  this  Article,  and  all  other 
improper  practices  at  and  around  their  place  of  registra- 
tion tending  to  intimidation  or  to  the  obstruction  of  their 
work;  they  may  compel,  by  summons  or  attachment,  the 
presence  of  witnesses  before  them  for  any  purpose  con- 
nected with  the  duties  of  their  office,  and  may  commit 
for  trial  any  person  committing  at  or  around  their  place 
of  registration  any  breach  of  the  peace  or  other  offense 
forbidden  by  the  Article;  they  shall  have  the  power  to 


12 

issue  any  of  said  summonses,  attachments  or  commit- 
ments when  sitting  in  any  county  in  this  State,  to  the 
sheriff  of  said  county  or  to  any  constable  thereof,  and 
when  sitting  in  the  city  of  Baltimore,  to  marshal  of  police 
or  to  any  police  officer  of  said  city  ;  all  such  processes 
shall  be  served  by  said  respective  officers  in  the  same 
manner  as  if  they  were  issued  by  a  court  of  record  hav- 
ing jurisdiction  of  the  subject-matter,  or  by  a  justice  of 
the  peace  exercising  police  powers  within  such  respective 
jurisdictions.  The  sheriff  or  constable  in  any  county  of 
this  State  who  shall  serve  any  of  said  processes  shall  re- 
ceive the  same  fees  in  like  manner  as  it  is  or  may  be  by 
law  provided  that  he  shall  receive  fees  in  other  State 
cases,  but  no  officer  of  police  in  the  city  of  Baltimore  shall 
charge  or  receive  any  fee  for  any  service  performed 
under  this  Article  ;  and  no  officer  of  registration  shall 
charge  or  receive  any  compensation  for  any  service  per- 
formed under  this  Article,  except  such  as  is  herein  pro- 
vided. The  Board  of  Police  Commissioners  for  the  city 
of  Baltimore  shall  detail  police  officers,  and  the  sheriffs 
for  their  respective  counties  shall  detail  deputy  sheriffs, 
by  them  appointed,  sufficient  in  number  to  preserve  order 
at  the  places  in  said  city  of  Baltimore  and  in  said  respec- 
tive counties  where  said  officers  of  registration  may  be 
sitting  for  the  discharge  of  the  duties  of  their  respective 
offices. 

ACTS  OF  1901,  CHAPTER  2. 

16.  The  Supervisors  of  Elections  shall  furnish  to  each 
Board  of  Registry,  for  the  purpose  of  such  registration, 
two  registry  books  which  it  shall  be  the  duty  of  said  offi- 
cers of  registration  to  protect  and  keep  safe,  and  the  said 
Supervisors  shall  designate  two  of  said  officers  appointed 
from  different  political  parties,  each  of  whom  shail  be 
charged  with  the  custody  of  one  of  said  books  during  the 
intervals  between  the  sessions  of  the  Board  of  Registry 
until  the  return  of  said  books  to  the  Supervisors  of  Elec- 
tions, as  hereinafter  provided.  Such  registry  books  shall 
be  prepared  substantially  in  the  following  form  : 


13 


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14 

In  the  counties  a  sufficient  number  of  columns  headed 
"voted"  should  be  provided  to  last  until  the  next  general 
registration,  and  in  all  registry  books  one  or  more  extra 
columns  should  be  provided,  to  be  used  in  case  of  special 
election. 

-  Registers  of  voters,  -  -  precinct  or 

district, ward, county  (or  city) 

ACTS  OF  1901,  CHAPTER  2. 

17.  On  Tuesday,  seven  weeks  preceding  the  election  to 
be  held  on  the  first  Tuesday  after  the  first  Monday  in 
November,  1896,  which  shall  occur  after  the  enactment 
of  this  Article,  each  Board  of  Registry  shall  meet  at  the 
place  designated  by  its  Board  of  Supervisors  of  Elections, 
and  shall  proceed  to  make  a  general  registration  of  all 
the  voters  in  its  precinct  or  district,  as  the  case  may  be. 
The  proceedings  of  each  Board  of  Registry  shall  be  as 
follows  :  1.  They  shall  open  the  registry  in  the  city  of 
Baltimore  at  nine  o'clock  a.  m.,  and  continue  in  session 
until  nine  o'clock  p.  m.,  on  the  Tuesday  aforesaid.  In 
the  counties  the  hours  of  session  shall  be  from 
eight  o'clock  a.  m..  to  eight  o'clock  p.  m.  One 
of  the  officers  of  registration  shall  administer  to  all 
persons  who  shall  personally  apply  to  register,  the  follow- 
ing oath  or  affirmation  :  "You  do  solemnly  swear  (or 
affirm)  that  you  will  fully  and  truly  answer  all  such  ques- 
tions as  shall  be  put  to  you  touching  your  place  of  resi- 
dence, name,  place  of  birth,  your  qualifications  as  a  voter, 
and  your  right  as  such  to  register  and  vote  under  the 
laws  of  this  State."  2.  The  two  officers  of  registration 
designated  by  the  Supervisors  to  have  the  custody  of 
the  two  registry  books,  or  such  of  their  colleagues  as 
such  of  them  may  respectively  ask  to  temporarily  replace 
him  in  the  discharge  of  this  duty,  shall  make  the  entries 
therein  required  by  this  Article,  and  the  questions  as  to 
qualifications  shall  be  asked  by  the  other  officers  of  said 
Board.  3.  The  name  and  age  of  every  applicant  shall 
be  entered  in  such  registry  books,  and  all  the  facts  of 
his  application  shall  be  therein  stated  as  herein  provided, 
whether  he  be  entitled  to  vote  or  not.  If  it  shall  be  de- 
termined by  the  board  that  he  is  not  a  qualified  voter  in 
the  precinct,  then  an  entry  shall  be  made  in  the  appro- 
priate column,  "no,"  and  a  line  shall  be  drawn  in  red  ink 


15 

through  his  name,  and  through  all  the  other  entries  on 
the  line  on  which  his  name  is  written  but  so  that  the 
name  and  said  other  entries  shall  remain  legible,  and  if 
qualified,  an  entry  shall  be  made  in  the  same  column, 
"yes."  4.  Only  persons  constitutionally  qualified  to  vote 
in  the  precinct  at  the  next  election,  and  personally  ap- 
plying for  registration,  shall  be  registered  as  qualified 
voters.  5.  The  headings  to  the  registry  books  shall  be 
so  prepared  that  the  registry  shall  be  made  alphabeti- 
cal, according  to  the  surname  of  each  person  applying, 
and  so  that  the  residence  and  postoffice  address  of  such 
persons  shall  appear  in  the  first  column.  The  registers 
shall  be  ruled,  and  one  name  shall  be  written  on  each 
line,  but  no  names  shall  be  written  between  the  lines. 
The  entries  shall  be  as  follows:  (A)  Under  the  column 
residence  and  postoffice  address,  the  name  and  number 
of  the  street,  avenue  or  other  location  of  the  dwelling  if 
there  be  a  definite  number,  and  if  there  shall  not  be  a 
number,  or  if  there  shall  be  duplicate  numbers,  such 
clear  and  definite  description  of  the  place  of  such  dwel- 
ling as  shall  enable  it  to  be  readily  ascertained;  if  there 
shall  be  more  than  one  house  at  the  number  given  by 
the  applicant  as  his  place  of  residence  it  shall  be  stated 
in  which  house  he  resides,  and  if  there  be  more  than  one 
family  residing  in  said  house,  either  the  floor  on  which 
he  resides,  or  the  number  or  location  of  the  room  or 
rooms  occupied  by  him  shall  be  stated,  every  floor  below 
the  level  of  the  street  or  ground  being  designated  as  the 
basement,  the  floor  upon  or  first  above  such  level  being 
designated  as  the  first  floor,  and  each  floor  above  that  as 
the  second,  or  such  other  floor  as  it  may  be;  in  county 
precincts  it  shall  only  be  necessary  to  give  such  general 
description  as  may  be  sufficient  for  identification.  (B) 
Under  the  column,  "name,"  the  name  of  the  applicant, 
writing  the  surname  first,  and  full  given  or  Christian 
name  after.  (C)  Under  the  column  "age,"  the  age  of 
the  applicant.  (D)  Under  the  column  "nativity,"  the 
state,  country,  empire,  kingdom  or  dominion,  as  the  facts 
shall  be.  (E)  Under  the  column,  "color,"  the  words 
"white"  or  "colored,"  as  the  case  may  be.  (F)  Under 
the  sub-divisions  of  the  general  column,  "terms  of  resi- 
dence," the  period  by  day,  month  or  year  stated  by  the 
applicant.  (G)  Under  the  column,  "naturalized,"  the 


16 

word  "yes/'  or  "no,"  or  "native,"  as  the  fact  may  be. 
(H)  Under  the  column  "date  of  naturalization,"  the  date 
of  naturalization,  if  naturalized.  No  naturalization 
papers  need  be  produced  if  a  majority  of  the  board  are 
satisfied  that  for  three  years  next  preceding  the  appli- 
cant claiming  to  be  naturalized  has  been  a  registered 
voter  in  this  State,  and  has  actually  voted  on  such  pre- 
vious registration;  but  they  shall  note  his  ansews  to  the 
questions,  when  and  in  what  court  he  was  naturalized, 
and  also  in  the  column  headed  "remarks,"  where  and 
when  he  was  so  previously  registered.  (J)  Under  the 
column,  "court,"  the  designation  of  the  court  in  which, 
if  naturalized,  such  naturalization  was  had.  (K)  Under 
the  column,  "qualified  voter,"  the  word  "yes,"  if  the  fact 
shall  appear  or  be  determined  by  a  majority  of  the 
Board  of  Registry,  or  the  word  "no,"  if  such  fact  be  not 
established  to  the  satisfaction  of  a  majority  of  the  board. 
(L)  Under  the  column  "date  of  application,"  the  month, 
day  and  year  when  the  applicant  presented  himself.  (N) 
After  the  answers  of  the  applicant  to  the  questions  under 
the  heads  of  each  and  all  of  the  above-mentioned  columns 
have  been  properly  entered  by  the  officers  in  his  presence 
in  both  registers,  and  not  until  then,  he  shall  be  asked 
to  sign  his  name  upon  the  same  line  under  the  column 
"signature"  in  each  of  them,  and  shall  sign  his  name,  if 
he  can  do  so.  If,  however,  he  shall  state  his  inability  to 
do  so,  or  declines  to  do  so,  the  officers  shall  make  the 
entry,  "cannot  write"  or  "declines,"  as  the  case  may  be, 
in  the  place  for  such  signature.  The  Board  of  Registry 
shall  be  entitled  to  receive  from  the  officers  having  cus- 
tody thereof  the  last  preceding  registration  books,  for 
the  purpose  of  comparison  and  assistance  in  identifica- 
tion, and  if  any  one  shall  apply  for  registration,  who  ap- 
pears in  such  former  registry  as  disqualified,  his  name 
shall  be  entered  in  the  new  registers,  but  he  shall  be 
marked  "disqualified,"  unless  such  grounds  of  disquali- 
fication shall  have  been  removed.  At  the  end  of  the 
day's  registry  said  officers  shall  compare  the  two  regis- 
ters so  kept,  and  cause  any  errors  in  either  of  them  to 
be  corrected,  by  aid  of  the  entries  in  the  other,  so  as  to 
make  the  same  agree  where  there  is  any  difference  be- 
tween them.  Each  of  the  said  officers  having  the  cus- 
tody of  one  of  said  registers  shall  then  sign  his  name  or 


17 

initials  immediately  under  the  last  name  registered 
under  each  letter  in  the  book  kept  by  him,  so  that  no 
new  name  can  be  added  without  discovery.  The  said 
Board  of  Registry  shall  keep,  on  blanks  to  be  provided 
for  that  purpose  by  the  Board  of  Supervisors  of  Elec- 
tions, an  alphabetical  list  of  the  names,  addresses  and 
color  of  all  persons  registered,  and  a  separate  list  of  all 
persons  refused  registration,  and  of  all  persons  whose 
names  are  erased  from  the  registry.  In  the  city  of  Bal- 
timore, at  the  end  of  each  session,  they  shall  deliver 
these  lists  to  the  police  officer  on  duty  at  the  registra- 
tion office,  and  the  list  shall  be  delivered  by  the  said  of- 
ficer to  the  Police  Board,  and  by  the  Police  Board  to  the 
Board  of  Supervisors  of  Elections,  in  the  forenoon  of  the 
day  following  the  said  sitting.  The  Board  of  Supervisors 
for  the  city  of  Baltimore  shall  then  cause  such  list  to  be 
printed  in  hand  bill  form,  in  plain  long  primer  type,  and 
copies  thereof  posted  within  three  days  after  each  ses- 
sion in  such  manaer  that  they  may  be  easily  read,  in  at 
least  ten  prominent  places  in  each  precinct.  Nothing  in 
this  section  16,  or  in  the  preceding  section  15  as  hereby 
re-enacted  with  amendments,  shall  affect  the  registration 
in  the  counties  heretofore  made  under  this  Article  nor 
require  the  furnishing  of  new  registry  books  in  the 
counties,  nor  in  Baltimore  city  for  the  supplemental  reg- 
istration for  the  municipal  election  of  1901,  but  the  reg- 
istry books  now  in  existence  shall  continue  to  be  used  as 
far  as  practicable  and  the  provisions  of  said  sections  15 
and  16  as  hereby  re-enacted  shall  be  applied  only  to  reg- 
istrations hereafter  to  be  made. 

18.  It  shall  be  the  duty  of  the  Board  of  Police  Commis- 
sioners of  Baltimore  city,  between  the  first  day  of  Sep- 
tember and  the  commencement  of  registration  in  each 
year,  to  cause  a  census,  as  nearly  as  possible  accurate,  to 
be  made  by  members  of  the  force  under  their  command, 
of  the  legal  voters  resident  in  each  precinct  of  the  said 
city.  The  said  census  shall  give  the  address  of  each  per- 
son known  or  supposed  by  the  officer  of  police  taking  it 
to  be  a  legal  voter  of  the  city,  and  a  copy  thereof  for 
their  precinct  shall  be  furnished  by  the  said  Police  Com- 
missioners to  each  Board  of  Registry  when  they  meet  on 
the  first  day  of  their  sessions,  as  hereinbefore  provided. 
And  the  officer  of  police  taking  the  said  census  shall  in 


18 

every  case  be  assigned  to  duty  at  the  office  of  registra- 
tion in  the  precinct  where  he  took  the  said  census,  unless, 
for  reasons  stated  in  writing  by  the  marshal  of  police, 
and  furnished  to  the  board  of  registry  in  question,  such 
assignment  shall  be  impracticable  or  against  the  public 
interest. 

19.  Any  voter  shall  be  permitted  to  be  present  at  the 
place  of  registration  in  any  precinct  of  his  county  or  city , 
and  shall  have  the  right  to  challenge  any  applicant,  and 
when  challenged  such  applicant  shall  be  carefully  ques- 
tioned by  the  Board  of  Registry  touching  the  facts  which 
entitle  him  to  register  in  such  precinct,  and  thereupon, 
if  a  majority  of  the  board  is  convinced  that  such  appli- 
cant is  a  qualified  voter,  he  shall  be  entered  as  qualified. 
Any  person  claiming  to  be  a  voter  of  any  precinct,  and 
who,  upon  application,  is  denied  the  right  to  be  regis- 
tered as  a  qualified  voter  in  said  precinct,  may  make  and 
sign  an  application  in  writing,  under  oath,  to  the  court 
as  hereinafter  provided,  in  substance  in  the  following 

form:  "I, ,  do  solemnly  swear  that  I  did,  on , 

make  application  to  the  Board  of  Registry  of  the— 

precinct  or  district  of  the ,  county,  (or  the 

precinct  of  the—     — ward  of  the  city  of ),  and  that 

said  board  refused  to  register  me  as  a  qualified  voter  in 
said  precinct;  that  I  am  a  duly  qualified  voter  entitled  to 
vote  in  said  precinct  at  the  next  election." 

20.  On  the  Tuesdays,  respectively,  six,  five  and  four 
weeks  preceding  such  regular  election,  and  on  the  Wed- 
nesday next  following  said  Tuesdays,  respectively,  said 
Board  of  Registry  shall  again  meet  at  the  place  desig- 
nated, and  shall  remain  in  session  during  the  hours  pre- 
scribed in  section  16,  for  the  purpose  of  registering  all 
qualified  voters  not  before  registered  who  shall  apply  in 
person  to  be  registered,  and  also,  for  the  purpose  of  noting 
the  names  of  any  persons  on  such  registry  whom  they 
suspect  not  to  be  qualified  voters.     The  same  forms  shall 
be  observed  as  to  the  applications  made  on  these  days  as 
were  required  on  the  former  day  of  registration.     If  any 
voter  of  the  ward  or  county  shall  go  before  the  Board  of 
Registry  during  such  sessions  and  make  oath  that  he  be- 
lieves any  specified  person  upon  such  registry  is  not  a 
qualified  voter,  such  fact  shall  be  noted.     At  the  end  of 
the  registration  for  each  of  these  days  the  registers  shall 


19 

be  examined,  compared  and  made  to  agree,  and  they  shall 
then  be  signed  immediately,  under  the  last  name  regis- 
tered, under  each  letter,  in  the  same  way  as  hereinbefore 
provided. 

ACTS  OF  1902,  CHAPTER  133. 

21.  Before  separating  on  the  last  day,  said  Board  of 
Registry  shall  make  out  and  deliver  to  two  of  their  num- 
ber of  opposite  politics,  a  list  of  the  registered  address 
of  all  those  who  have  been  registered  as  qualified  voters, 
whom  either  one  of  the  officers  of  registration  suspects 
not  be  qualified  voters,  or  against  whom  any  voter  of  the 
ward  or  county  may  have  made  complaint,  as  above  pro- 
vided. If  said  Board  of  Registry  shall,  however,  know 
that  any  person  so  complained  of  is  a  qualified  voter,  then 
such  name  need  not  be  put  upon  the  list  of  suspected 
persons,  unless  required  by  a  member  of  the  board.  The 
officers  of  registration  to  whom  such  list  has  been  de- 
livered shall,  on  or  before  Friday  next  following,  sign  a 
notice,  and  send  the  same  through  the  mail,  duly  stamped, 
to  the  address  as  given  in  the  registry  of  each  person 
who  is  upon  the  suspected  list,  requiring  such  person  to 
appear  before  the  Board  of  Registry  upon  the  Tuesday 
following,  giving  the  time  of  such  session  and  show 
cause  why  his  name  should  not  be  erased  from  such  reg- 
isters; proper  blanks  and  postage  stamps  shall  be  fur- 
nished for  this  purpose  by  the  Board  of  Supervisors.  A 
similar  notice  shall  also  be  served  by  said  officers  upon 
such  person  before  the  following  Tuesday  and  if  he  can- 
not be  found  at  the  place  designated  upon  said  registers, 
the  notice  may  be  left  there,  if  such  place  can  be  found. 
Any  officer  of  registration,  or  other  person  acting  tem- 
porarily as  such,  as  hereinafter  provided,  who  willfully 
neglects  to  perform  his  duty  touching  such  scrutiny,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
shall  be  imprisoned  in  jail,  not  less  than  six  months  nor 
more  than  twelve  months.  In  case  of  temporary  dis- 
ability on  the  part  of  said  officers,  the  Board  of  Registry 
may  appoint  a  temporary  clerk  belonging  to  the  same 
party,  and  administer  to  him  the  usual  oath  of  office,  and 
said  temporary  clerk  shall  perform  all  the  duties  of  the 
office  until  the  disability  of  the  other  officer  is  removed. 
And  it  shall  also  be  the  duty  of  each  of  the  other  officers 


20 

of  registration,  so  far  as  may  be  in  his  power,  to  inform 
himself  as  to  all  persons  whose  names  may  be  on  such 
suspected  list. 

22.  On  Tuesday,  three  weeks  preceding  such  regular 
election,  said  Board  of  Registry  shall  again  meet  at  the 
place  designated,  and  they  shall  remain  in  session  during 
the  hours  prescribed  in  section  16,  for  the  sole  purpose 
of  revising  their  registry,  and  no  new  name  shall  be 
added.  At  the  beginning  of  the  session,  the  officers  of 
ragistration  to  whom  such  suspected  list  was  delivered 
shall  make  affidavit  as  to  the  mailing  of  the  notices  sent 
by  them,  and  to  whom  directed  and  where  and  as  to  the 
personal  service  upon  such  person  or  as  to  the  leaving  of 
the  same  at  his  place  of  residence  so  designated;  and  if 
any  person  to  whom  such  notice  was  sent  shall  appear 
before  the  Board  of  Registry  during  that  session  he  shall 
make  and  sign  an  affidavit  in  substance  as  follows:  "I 
do  solemnly  swear  that  I  am  a  citizen  of  the  United 

States,  and  that  I  have  resided  in  the precinct  of 

the ward  in  the  city  of-      —(or district  of 

county),  in  the  State  of  Maryland,  from  the 

day  of-      — ,  up  to  the day  of  -         -  19 — ,  and 

that  I  have  not  since  acquired  a  legal  residence  giving 
me  the  right  to  vote  elsewhere."  If  it  is  charged  that 
he  has  been  convicted  of  any  infamous  crime  and 
has  not  been  pardoned,  he  shall  further  make  oath 
that  he  has  never  been  so  convicted,  or  if  convicted 
that  he  was  pardoned  at  a  time  stated.  This  affidavit 
shall  be  signed  and  sworn  to  before  one  of  such  Board 
of  Registry,  and  it  shall  be  preserved  and  filed  in 
the  office  of  the  said  Board  of  Supervisors  of  elections. 
Thereupon  said  Board  of  Registry  shall  further  examine 
him,  and  shall  also  swear  the  officer  of  registration  who 
has  made  the  inquiry,  and  hear  him  upon  the  question, 
and  they  shall  also  have  the  power  to  examine  on  oath 
any  other  witness  that  may  appear  or  be  produced  before 
them  in  regard  to  the  matter,  and  muke  any  further  ex- 
amination or  inquiry  that  they  may  deem  proper;  and  if 
after  such  further  examination  and  hearing  the  majority 
of  said  board  are  of  the  opinion  that  such  person  is  not  a 
qualified  voter  in  such  precinct,  they  shall  draw  a  line  in 
red  ink  through  his  name  and  through  all  other  entries 
on  the  line  on  which  said  name  is  written,  but  so  that  the 


21 

name  and  said  other  entries  shall  remain  legible,  which 
memorandum,  in  case  of  any  registration  shall  indicate 
that  the  name  of  such  person  is  erased  from  the  registry 
and  such  person  shall  not  be  entitled  to  vote  unless  his 
name  is  restored  as  hereinafter  provided.  During  the 
last  hour  of  said  session  if  any  person  so  notified  to  ap- 
pear at  such  session  has  not  yet  appeared  and  shown 
cause  why  his  name  should  not  be  erased  from  the  regis- 
try the  name  shall  be  so  erased  in  the  manner  aforesaid, 
unless  a  majority  of  the  board  are  satisfied  of  their  own 
knowledge  or  upon  competent  testimony  that  such  person 
is  entitled  to  have  his  name  retained  on  the  registry  ; 
and  under  the  head  of  "Remarks,"  opposite  each  name 
erased,  shall  be  stated  the  facts  as  to  such  erasure,  the 
date  of  the  making  the  same,  and  the  grounds  and  evi- 
dence on  which  it  is  made. 

23.  At  the  end  of  the  last  session  above  provided  for, 
the  said  Board  of  Registry  shall  compare  and  correct  the 
two  registers  and  make  them  agree,  and  the  officers  hav- 
ing them  respectively,  in  their  custody,  shall  then  imme- 
diately under  the  last  name  registered  under  each  letter 
of  the  registers  sign  their  names,  so  that  no  other  names 
can  be  added  without  discovery;  all  of  said  officers  of 
registration  shall  then  subscribe,  at  the  end  of  each  reg- 
ister, a  certificate  in  substance,  in  the  words  following: 
"We,  the  undersigned,  constituting  the  Board  of  Regis- 
try in  [-  -]  precinct  or  district  of county,  (or  in— 

precinct  of  the  -  —ward  of  the  city  of-  -  ),  in  the  State 
of  Maryland,  do  jointly  and  severally  certify  that,  at  the 
general  registration  of  voters  in  said  precinct,  closed  on 
this— day  of  —  -  they  were  registered  by  us,  in  said  pre- 
cinct, the  names  which  in  this  book  are  entered,  and  that 
the  number  of  registered  and  qualified  voters  was  and  is 
the  number  of—  — ."  (Signature.) 

Dated-         -. 

During  the  next  day  the  Board  of  Registry  shall  re- 
turn the  two  registers  to  the  Board  of  Supervisors  of 
Elections,  and  in  the  counties  the  said  Boards  of  Regis- 
try shall,  at  the  same  time,  return  the  alphabetical  list 
of  names,  color  and  addresses  of  the  persons  registered 
and  erased  by  them,  and  in  Baltimore  city  the  Boards  of 
Registry  shall,  at  the  same  time,  return  the  lists  made 


22 

by  them  at  their  last  session;  and  the  said  Boards  of 
Supervisors  shall  at  once  cause  said  alphabetical  lists  to 
be  printed  in  handbill  form  in  long  primer  type,  and 
copies  thereof  posted,  within  three  days  after  the  return 
of  said  lists,  as  aforesaid,  in  such  manner  that  they  may 
be  easily  read,  in  at  least  ten  prominent  places  in  the  re- 
spective precincts.  The  Board  of  Supervisors  in  the 
City  of  Baltimore  and  in  the  several  counties  shall  cause 
to  be  printed  at  least  ten  extra  copies  of  all  the  hand- 
bills prepared  by  them,  respectively,  under  this  Article, 
and  as  many  more  copies  as  may  be  required  to  supply 
all  demands  for  any  of  them  made,  with  the  tender  of 
the  price  before  the  printing  thereof,  which  copies  they 
shall  sell  to  the  public  at  five  cents  per  copy,  the  pro- 
ceeds of  said  sales  to  be  applied  towards  paying  the  ex- 
penses of  printing  the  same.  The  said  Boards  of  Super- 
visors shall  furnish  to  any  one  making  written  applica- 
tion therefor,  within  ten  days  after  such  application  has 
been  received,  or  in  less  time,  if  practicable,  a  certified 
copy,  under  their  hands,  of  the  names,  addresses,  color 
and  ages  of  all  persons  registered  in  any  ward  in  said 
city,  or  in  any  election  precinct  or  district  of  said  county, 
for  the  sum  of  fifteen  dollars  per  ward  in  said  city,  and 
two  dollars  for  a  single  precinct,  and  for  the  sum  of  half 
a  cent  for  each  voter's  name  on  said  registry  in  the 
counties,  which  said  sum  shall  be  applied  towards  pay- 
ing the  expenses  of  making  said  certified  copies.  It  shall 
be  the  duty  of  the  said  supervisors  to  make  proper  pro- 
visions in  advance,  so  that  they  will  be  able  to  make  and 
furnish  such  copies  when  ordered,  as  hereinbefore  re- 
quired. 

24.  Any  person  who  feels  aggrieved  by  the  action  of 
any  Board  of  Registry  in  refusing  to  register  him  as  a 
qualified  voter,  or  in  erasing  or  mis-spelling  his  name, 
or  that  of  any  other  person  on  the  registry,  or  in  regis- 
tering or  failing  to  erase  the  name  of  any  fictitious,  de- 
ceased or  disqualified  person,  may  at  any  time,  either 
before  or  after  the  last  session  of  the  Board  of  Registry, 
but  not  later  than  the  Saturday  next  preceding  the 
election,  if  in  the  city  of  Baltimore,  and  not  later  than 
the  Tuesday  next  preceding  the  election,  if  in  the  coun- 
ties, file  a  petition,  verified  by  affidavit,  in  the  Circuit 
Court  for  the  county,  or  if  the  cause  of  complaint  arises 


23 

in  Baltimore  city,  in  any  court  of  Baltimore  city,  setting 
forth  the  ground  of  his  application,  and  asking  to  have 
the  registry  corrected.  The  court  shall  forthwith  set 
the  petition  for  hearing,  and  direct  summons  to  be  is- 
sued requiring  the  Board  of  Registry  to  attend  at  the 
hearing  or  by  counsel ;  and  when  the  object  of  the  pe- 
tition is  to  strike  off  the  name  of  any  person  alleged  to 
be  fictitious,  deceased  or  disqualified,  summons  shall  also 
be  issued  to  such  person,  which  shall  be  served  by  the 
sheriff  within  the  time  therein  designated,  at  his  place 
of  residence  given  in  the  registry.  If  the  petition  shall 
allege  that  any  person  registered  in  any  precinct  does 
not  reside  in  such  precinct,  it  shall  be  sufficient  for  the 
petitioner  to  show  that  the  person  to  whose  registration 
he  objects  did  not  at  the  time  when  he  was  so  registered 
reside  at  the  particular  house  or  place  described  as  his 
residence  on  the  registry;  but  the  person  to  whose  regis- 
tration objection  is  so  made,  shall  have  the  right  to  show 
by  affirmative  proof  that,  although  he  may  not  have  had 
a  legal  residence  at  the  place  described  by  him  as  his 
residence  at  the  time  of  his  registration,  he  had  at  such 
time  a  legal  residence  in  the  said  precinct.  In  deter- 
mining whether  any  person  is  or  is  not  a  resident  of  any 
voting  precinct,  it  shall  be  presumed  that  if  a  person  is 
shown  to  have  acquired  a  residence  in  one  locality,  he  re- 
tains the  same  until  it  is  affirmatively  shown  that  he  has 
required  a  residence  in  another  locality,  and  it  shall  also 
be  presumed  that  if  a  person  is  shown  not  to  reside  at 
the  dwelling  given  in  the  entries,  relating  to  him  on  the 
registration  books,  he  is  not  a  resident  of  the  said  pre- 
cinct, unless  it  should  be  affirmatively  shown  that  he  is 
such  resident,  and  the  entries  made  in  such  registration 
books  shall  not  be  considered  by  the  court  as  evidence  of 
any  fact  therein  stated,  but  the  case  shall  be  heard  de 
npvo.  At  the  hearing,  evidence  subject  only  to  the  or- 
dinary rules  of  evidence  (as  modified  by  the  provisions 
of  this  section,)  may  be  introduced  for  or  against  the  ap- 
plication, and  the  judge  shall  dispose  of  the  matter  sum- 
marily, by  granting  or  refusing  the  order  prayed,  and 
the  clerk  of  the  court  shall  make  a  minute  of  the  pro- 
ceedings. The  costs  of  proceedings  in  all  such  appeal 
cases  shall  from  and  after  the  passage  of  this  Act  be  one- 
half  of  those  provided  for  and  usual  under  existing  law. 


24 

If  the  Board  of  Registry  shall  have  returned  the  regis- 
ters to  the  Supervisors  of  Elections,  a  certified  copy  of 
any  such  order  granted  by  the  court  shall  be  delivered 
to  said  supervisors,  who  shall  thereupon  make  the  re- 
quired correction  upon  the  proper  registers,  and  under 
the  head  of  "remarks,"  note  that  the  same  was  made 
under  such  order  of  the  court.  The  court  may  enforce 
any  such  order  by  attachment  as  in  proceedings  for  con- 
tempt. No  person  admitted  to  the  registry  by  the  order 
of  court  shall  be  protected  by  such  order  if  prosecuted 
for  false  registration  or  false  voting.  In  all  such  cases, 
the  petitioner  may  be  represented  by  counsel,  and  in  dis- 
posing of  the  petition  the  court  shall  have  discretion  to 
impose  the  costs  upon  the  petitioner,  the  County  Com- 
missioners or  the  Mayor  and  City  Council  of  Baltimore, 
or  the  Board  of  Registry,  or  any  member  or  members 
thereof,  as  justice  and  equity  may  require;  but  no  attor- 
ney's appearance  fee  shall  be  taxed  as  part  of  such  costs. 
In  Baltimore  city  the  Supreme  Bench  shall,  from  time  to 
time,  assign  a  judge  or  judges  before  whom,  or  any  of 
whom,  such  petitions  shall  be  heard,  and  neither  party 
shall  have  any  right  of  removal.  Exceptions  may  be 
taken  to  any  ruling  of  the  court  at  the  hearing  of  any 
such  petition  and  appeal  allowed  to  the  Court  of  Appeals, 
as  in  other  cases;  all  such  appeals  shall  be  taken  within 
five  days  from  the  date  of  the  decision  complained  of, 
and  shall  be  heard  and  decided  by  the  Court  of  Appeals 
as  soon  after  the  transmission  of  the  record  as  may  be 
practicable. 

CHAPTER  703,  ACTS  1906. 

25.  In  the  counties  a  new  general  registration  shall  be 
made  by  each  Board  of  Registry  in  the  year  1910;  such 
new  general  registration  shall  be  made  in  the  same  way, 
at  the  same  time,  and  under  the  same  rules  and  pro- 
visions in  all  respects  as  are  in  this  Article  made  for  the 
first  general  registration;  and  the  respective  Boards  of 
Supervisors  of  Elections  in  the  several  counties  are  here- 
by authorized  and  required  to  furnish,  whenever  in  the 
judgment  of  said  board,  it  may  be  necessary  or  expe- 
dient, new  books  of  registry  for  use  in  any  of  the  dis- 
tricts or  precincts  in  the  said  several  counties,  for  the 
transcribing  of  the  names  of  qualified  voters  residing 


25 

therein  from  the  registration  books  in  use.  The  said 
transcribing  shall  be  done  in  the  office  of  the  Board  of 
Supervisors  of  Elections  by  two  clerks  to  be  selected,  one 
by  the  supervisors  representing  the  majority  party,  and 
one  by  the  supervisor  representing  the  chief  minority 
party,  as  the  said  parties  are  now  constituted  in  this 
State.  The  transcribing  shall  be  done  by  the  said  clerks, 
both  present  at  the  same  time  and  new  books,  after  be- 
ing transcribed,  shall  correspond  in  all  respects  and  if 
they  do  not  correspond  at  the  conclusion  of  the  work  or 
if  any  error  in  the  transcribing  be  alleged  to  exist,  either 
of  said  clerks  or  any  citizen  or  voter  in  any  of  said 
counties  may  file  a  petition  in  the  Circuit  Court  within 
twenty  days  after  said  work  is  finished  naming  the  said 
two  clerks  and  the  Board  of  Supervisors  of  Elections  as 
defendants  and  the  said  court  shall  have  the  power  to 
make  such  order  for  che  correction  of  said  books  as  may 
be  proper,  any  political  party  that  polled  more  than  one 
per  cent,  of  the  vote  cast  at  the  last  election,  may, 
through  its  political  committee,  if  it  has  one,  or  by  citi- 
zens representing  the  said  party,  if  there  be  no  political 
committee,  name  a  watcher  and  substitute  watcher  who 
shall  be  permitted  to  attend  at  the  transcribing  of  said 
names,  and  have  power  to  examine  the  said  books  during 
the  sittings  of  the  said  clerks  for  the  said  work  and  for 
a  period  of  five  days  thereafter  in  the  presence  of  said 
Board  of  Supervisors. 

ACTS  OF  1904,  CHAPTER  254. 

26.  In  the  city  of  Baltimore  there  shall  be  a  general 
registration  in  the  year  1906  and  biennially  thereafter. 
Before  the  November  election  1904  and  1905,  and  in  the 
year  1907,  and  in  every  alternate  year  thereafter,  the  last 
general  registration  shall  be  revised  by  the  Board  of  Reg- 
istry in  each  precinct  where  such  election  was  to  be  held, 
and  for  that  purpose  a  Board  of  Registry  shall  meet  on 
the  Tuesdays  respectively  seven,  six,  five  and  four  weeks 
preceding  the  regular  election  in  November,  and  shall 
hold  a  session  from  9  o'clock  a.  m.  to  9  o'clock  p.  m.  and 
names  may  be  added  to  the  registers  in  the  same  way, 
upon  sworn  application,  as  in  the  case  of  a  general  regis- 
tration, and  all  the  same  forms  and  requirements  shall 
be  observed.  If  it  shall  appear  that  any  applicant  had 


26 

been  upon  the  registers  in  any  other  precinct  in  the  city 
of  Baltimore  at  any  time  since  the  beginning  of  the  last 
general  registration  for  such  precinct,  his  name  shall  not 
be  added  to  the  registers  when  application  is  made  until 
he  produces  a  certificate  of  removal  given  him  by  the 
Board  of  Registry  for  such  other  precinct,  which  certifi- 
cate shall  be  in  substance  as  follows:  precinct 

ward.     This  is  to  certify  that  the  name  of 

heretofore  residing  at in  this  precinct,  has  been 

stricken  from  the  registry  of  the  precinct  and  proper 
erasure  made,  and  that  upon  the  registers  of  this  pre- 
cinct, the  following  entries  appear  with  reference  to  him: 

Name ,  Age ,  Color, ,  Residence , 

Nativity ,  Time  of  residence  in  precinct —    — . 

Time  of  residence  in  city .    Time  of  residence  in 

State .  Naturalized—      — .  Date  of  papers-      — . 

Court—  — .  Qualified—  —voter. — Date  of  applica- 
tion  . 


Board  of  Registry. 

The  foregoing  certificate  shall  be  granted  by  the  Board 
of  Registry  when  in  session,  under  the  following  regula- 
tions: That  is  to  say;  if  at  the  time  of  application  for 
said  removal  certificate  is  made  the  name  of  said  voter 
is  already  erased  from  the  registers,  then  it  shall  be  the 
duty  of  the  said  Board  of  Registry  to  grant  the  certifi- 
cate to  the  voter  himself  or  to  any  other  person  making 
application  therefor,  but  if  at  the  time  such  application 
is  made,  the  name  of  the  voter  be  still  upon  the  regis- 
ters of  voters  as  a  qualified  voter,  the  removal  certifi- 
cate shall  be  granted  and  the  name  stricken  off  only 
upon  the  personal  application  of  such  voter  to  the 
said  Board  of  Registry,  and  after  his  taking  and  sub- 
scribing an  oath  substantially  as  follows : 

I, do  solemnly  swear  (or  affirm)  that  I  now 

reside  at in in  the  city  of 

county  of ;  that  I  am  the  same  person  who  is  en- 
tered by  that  name  as  a  qualified  voter  in  the  registers 
of  the precinct  of  the city;  that  I  have 


27 

removed  from  said  last-mentioned  residence,  and  I  do  re- 
quest that  the  proper  entries  and  records  be  made,  and 
that  my  name  be  erased  from  the  registers  of  said  last- 
mentioned  precinct,  and  that  a  certificate  of  removal  be 
furnished  me  at  this  time."  The  foregoing  affidavit 
shall  be  written  or  printed  on  the  back  of  such  certificate 
of  removal  and  when  presented  to  the  Board  of  Registry 
in  the  precinct  in  which  such  applicant  resides,  it  shall  be 
taken  by  said  board  and  returned  to  the  office  of  the  Su- 
pervisors of  Elections.  When  such  certificate  shall  be 
granted  by  the  Board  of  Registry  the  name  of  such  appli- 
cant shall  "be  erased  from  the  registers  of  the  precinct 
from  which  he  removed.  At  the  end  of  each  of  such  ses- 
sions the  registers  shall  be  made  to  agree  where  there  is 
any  difference  between  them,  and  then,  the  officers  of 
registration  having  the  custody  thereof  shall  sign  their 
names  or  initials  in  their  respective  registry  books  imme- 
diately under  the  last  name  registered  under  each  letter 
on  said  registers  so  that  no  new  name  can  be  added  there- 
to without  discovery.  It  shall  be  the  duty  of  the  Board  of 
Registry,  after  the  close  of  each  session  to  note  for  era- 
sure from  such  registers  the  names  of  all  persons  known 
or  supposed  to  be  dead  and  the  names  of  all  persons  who 
are  suspected  of  being  disqualified  under  sections  2  and 
3  of  Article  1  of  the  Constitution  of  the  State,  and  the 
names  of  all  persons  who  are  supposed  to  have  removed 
from  such  precinct  and  have  not  taken  out  removal 
papers  and  of  all  persons  who  are  suspected  to  be  other- 
wise disqualified  as  voters,  and  they  shall,  before  separ- 
ating, make  out  a  list  of  all  persons  so  noted  for 
erasure  with  the  address  as  the  same  appears 
upon  the  registers.  In  making  out  such  list  said  Board 
of  Registry  shall  treat  as  persons  suspected  of  not  being 
qualified  voters  all  persons  against  whom  a  sworn  com- 
plaint is  filed  by  any  voter  in  the  ward.  Such  complaint 

shall  be  as  follows: ,  a  voter  of ward, 

de  solemnly  swear  that  I  believe ,  who  professes 

to  reside  at—         — ,  is  not  a  qualified  voter  in  the— 

precinct  of  the ward,  on  the  ground  (here  state 

reason.)  If  a  majority  of  the  board  know,  or  are  satis- 
fied that  such  complaint  is  untrue  they  need  not  note 
such  name  for  erasure  unless  required  by  a  member  of 
the  board.  Said  list  shall  be  arranged  under  the  follow- 


28 

ing  headings:  "Disqualified  Voters/'  under  which  shall 
be  placed  the  names  of  persons  suspected  to  be  disqnali- 
fied  under  sections  2  and  3  of  Article  1  of  the  Constitu- 
tion, or  otherwise;  "Deceased  Voters,"  under  which  shall 
be  placed  all  who  are  known  or  supposed  to  be  dead; 
"Removed,"  under  which  shall  be  placed  all  who  are 
known  or  supposed  to  have  removed  from  their  last  ad- 
dress. 

On  each  day  before  separating,  said  Board  of  Registry 
shall  make  out  and  deliver  to  two  of  their  number,  of 
opposite  politics  a  list  of  the  registry  addresses  of  all 
those  whose  names  are  on  the  registers  of  voters  as  quali- 
fied voters  whom  the  officers  of  registration  in  accordance 
with  the  foregoing  provisions  of  this  section  have  noted 
for  erasure.  The  said  two  officers  of  registration  to 
whom  such  list  is  delivered,  shall  thereupon  proceed  in 
respect  thereto  as  the  provisions  of  section  20  of  this 
Article  direct.  On  each  of  the  Tuesday's  respectively, 
six,  five  and  four  weeks  preceding  the  regular  election 
in  November,  the  Board  of  Registry  in  each  precinct, 
shall,  at  the  beginning  of  the  session  receive  the  report 
of  the  said  two  officers  of  registration  to  whom  the  afore- 
said list  was  delivered  at  the  last  preceding  session  and 
shall  proceed  in  regard  thereto  as  directed  by  the  pro- 
visions of  section  21  of  this  Article.  The  Board  of  Reg- 
istry shall  again  meet  for  revision  only  on  the  Tuesday 
three  weeks  before  said  election  and  a  session  shall  be 
held  batween  the  hours  of  9  a.  m.  and  9  p.  m.  The  Board 
of  Registry  at  this  session  shall  add  no  new  name  to  the 
registers  of  voters  but  shall  proceed  as  the  provisions  of 
section  21  of  this  Article  direct.  In  the  years  1904  and 
1905  the  Board  of  Supervisors  of  Elections  shall  provide 
such  additional  books  of  registry  for  use  in  any  precinct 
or  precincts  of  Baltimore  city  as  said  board  shall  deem 
necessary  for  the  purpose  of  carrying  into  effect  the 
provisions  of  this  section.  And  in  the  event  of  any 
changes  being  made  in  any  of  the  precincts  of  Baltimore 
city  by  the  said  Board  of  Supervisors  of  Elections  in  the 
year  1904  and  1905  under  the  provisions  of  section  117 
of  this  Article,  the  said  Board  of  Supervisors  of  Elec- 
tions are  hereby  directed  and  empowered  to  provide  and 
furnish  such  copies  of  the  original  books  of  registry  of 
the  year  1903  now  in  the  office  of  said  Board  of  Super- 


29 

visors  of  Elections  as  may  be  necessary' by  reason  of  said 
changes  in  said  precincts,  to  supply  each  precinct  in  said 
city  with  the  names  of  the  registered  voters  of  said  pre- 
cinct, which  said  copies  shall  have  the  same  force  and 
effect  in  law  as  said  original  books  of  registry. 

ACTS  OF  1901,  CHAPTER  2. 

27.  All  persons  who,  prior  to  the  passage  of  the  Act 
of  1901,  chapter  2,  (March  21,  1901,)  shall  have  vacated 
or  removed  from,  or  have  gone  with  their  parents  from 
the  place  of  their  actual  abode,  domicile,  dwelling  place 
or  habitation  within  this  State,  and  shall  have  taken  a 
domicile,  dwelling  place,  abode  or  habitation  out  of  this 
State,  shall  be  conclusively  presumed  to  have  thereby 
intended  to  abandon  their  legal  residence  in  this  State, 
and  to  have  surrendered  their  right  to  registration  as 
legal  voters  in  this  State,  unless  within  thirty  days  after 
the  passage  of  this  Act  they  shall  go  in  person  before 
the  Clerk  of  the  Circuit  Court  for  the  county  from  which 
they  shall  have  so  removed,  or  before  the  Clerk  of  the 
Superior  Court  of  Baltimore  city,  if  their  removal  shall 
have  been  from  said  city,  and  make  and  acknowledge 
before  such  clerk  an  affidavit  that  when  they  so  removed 
they  did  not  intend  to  change  their  legal  residence  with- 
in the  State,  but  that  they  had  a  fixed  purpose  to  return 
at  a  definite  time,  and  that  they  intend  to  return  to  this 
State  and  take  up  their  actual  domicile  and  habitation 
therein,  on  or  before  six  months  next  preceding  the 
Tuesday  after  the  first  Monday  of  November  next  suc- 
ceeding the  making  of  such  affidavit.  The  form  of  such 
affidavit  shall  be  substantially  as  follows:  State  of 

Maryland County  or  City  of  Baltimore,  set: 

I  hereby  certify  that  on  this day  of ,  19—, 

before  tne  subscriber,  Clerk  of  the  Circuit  Court  for — 
County,  (or  of  the  Superior  Court  of  Baltimore  City)  per- 
sonally appeared  -  -  and  made  oath  or  affirmation 
in  due  form  of  law,  that  up  to  the  day  of  -  — ,  or 
thereabouts,  he  was  an  actual  resident  and  inhabitant  of 

the election  district  of County,  or  of 

the- precinct  of  the ward  of  the 

Legislative  District  of  Baltimore  city,  that  on  or  about 
the day  of he  removed  from  his  said  domi- 
cile or  place  of  residence  in  said  county  or  city,  and  took 


30 

up  his  domicile,  habitation,  dwelling  place  or  abode  out 
of  the  State  of  Maryland,  to  wit  (in  here  insert  minute 
and  definite  description  of  the  place  of  abode)  that  when 
he  so  removed  out  of  the  State  he  had  a  fixed  and  definite 
purpose  to  return  thereto  by  a  certain  time,  and  that  he 
did  not  intend,  by  such  removal  to  change  his  residence 
within  the  State,  or  to  return,  or  not  to  return  to  this 
State,  as  circumstances  thereafter  might  make  expedient; 
sworn  to  before  me  (signature  of  clerk,  seal  of  court) ; 
and  unless  the  persons  respectively  making  such  affi- 
davits shall  actually  return  to  this  State,  and  shall  act- 
ually take  up  their  abode,  domicile  or  habitation  therein, 
six  months  before  the  Tuesday  after  the  first  Monday  in 
November  next  succeeding  the  making  of  said  affidavit, 
they  shall  be  conclusively  presumed  f  to  have  lost  their 
legal  residence  therein,  and  shall  not  be  entitled  to  reg- 
istration therein  as  legal  voters,  and  officers  of  registra- 
tion shall  strike  off  their  names  from  the  registry  if  they 
be  entered  thereon;  and  after  the  passage  of  this  Act  all 
persons  who  shall  vacate  and  remove  from  the  place  of 
their  actual  domicile,  abode,  dwelling  place,  or  habitation 
within  this  State,  and  shall  take  up  a  domicile,  abode, 
dwelling  place  or  habitation  out  of  this  State,  shall  be 
conclusively  presumed  to  have  lost  their  residence  in  this 
State,  and  shall,  in  consequence  thereof,  become  dis- 
qualified to  vote  unless  at  or  about  the  time  of  such  re- 
moval, or  within  ten  days  thereafter,  they  shall  go  in 
person  before  the  clerk  of  the  Circuit  Court  for  the 
county  from  which  they  shall  so  remove  or  before  the 
clerk  of  the  Superior  Court  of  Baltimore  city,  if  such  re- 
moval be  from  said  city,  and  shall  make  and  acknowledge 
before  him  an  affidavit  declaring  that  notwithstanding 
such  removal  from  their  domicile,  abode,  dwelling  place, 
or  habitation,  they  do  not  inteni  thereby  to  change  their 
legal  residence,  but  that  they  have  a  fixed  and  definite 
purpose  to  return  to  this  State  on  or  before  six  months 
preceding  the  next  succeeding  election  in  November. 
The  form  of  such  affidavit  shall  be  as  follows:  State  of 
Maryland,  city  or  county  of set:  I  hereby  cer- 
tify that  on  this day  of before  the  sub- 
scriber, clerk  of  the  Circuit  Court  for county, 

(or  Superior  Court  of  Baltimore  city)  personally  ap- 
peared  and  made  oath  (or  affirmation)  in  due 


31 

form  of  law,   that  on  or  about  the day  of 

he  vacated  and  removed  from  his  habita- 
tion, dwelling  place,  domicile  or  abode,  in  the  -  -  pre- 
cinct of  the Election  District  of county, 

(or  of  the "Wanl  in  the Legislative  Dis- 
trict of  Baltimore  City)  and  took  up  his  abode  out  of  the 
State.  (Here  insert  particular  designation  of  such  new 
abode  by  election  district,  precinct,  ward,  street  and 
number  whenever  practicable);  that  notwithstanding 
such  removal  he  does  not  intend  thereby  to  change  his 
residence,  but  that  he  has  a  fixed  and  definite  purpose 
to  return  to  this  State  on  or  before  six  months  preceding 
the  next  succeeding  election  in  November;  sworn  before 
me  (signature  of  clerk,  seal  of  court) ;  and  if  the  persons 
making  such  affidavits,  shall  fail  so  to  return  and  take 
up  their  actual  abode,  domicile,  dwelling  place  and  habi- 
tation in  this  State  on  or  before  six  months  next  prece- 
ding such  November  election,  they  shall  be  conclusively 
presumed  to  have  abandoned  such  declared  intention, 
and  shall  thereupon  become  disqualified  to  vote  in  this 
State,  and  the  officers  of  registration  shall  refuse  to 
register  them  as  qualified  voters,  or  shall  strike  off  their 
names  from  the  registry  if  their  names  be  entered  there- 
on. The  clerk  before  whom  such  affidavit  shall  be  made, 
shall  retain,  index  and  record  the  same,  and  shall  be  en- 
titled to  demand  and  receive  for  each  affidavit  sworn 
the  sum  of  thirty  cents,  and  for  indexing  and  recording 
the  affidavit  and  acknowledgement  thereto  the  same 
compensation  as  allowed  by  law  for  indexing  and  record- 
ing deeds;  such  costs  to  be  paid  to  said  Clerks  by  the 
County  Commissioners  and  Mayor  and  City  Council  of 
Baltimore,  respectively.  Such  affidavits  shall  not  be 
admissable  in  evidence  as  evidence  of  the  right  of  the 
persons  making  the  same  to  registration  unless  they  are 
recorded  within  five  days  from  the  date  of  the  acknowl- 
edgements thereto,  and  a  duly  certified  copy  thereof 
shall  be  receivable  in  evidence  in  the  same  manner  as  a 
certified  copy  of  a  deed.  False  swearing  in  any  of  such 
affidavits  shall  be  deemed  to  be  perjury,  and  shall  be 
punishable  as  perjury  is  punashable  by  the  Code  of  Pub- 
lic General  Laws,  Article  27,  title  "Crimes  and  Punish- 
ments," sub-title  "Perjury."  Said  officers  of  registra- 
tion shall  require  the  production  of  such  affidavits,  duly 


32 

recorded,  or  a  duly  certified  copy  thereof  in  all  cases 
where  they  shall  have  reason  to  suspect  that  the  person 
applying  to  be  registered  as  a  qualified  voter  has  lost  his 
residence  by  reason  of  his  removal  from  the  State  as 
hereinbefore  mentioned;  and  they  may  also  in  such  cases 
put  any  question  which  they  may  deem  proper  to  such 
applicant  concerning  the  place  where  he  dwelt  in  the 
county  or  legislative  district  before  such  removal  out  of 
the  State,  his  occupation  before  such  removal  and  since 
the  time  when  he  so  removed,  and  when  he  returned, 
and  all  other  pertinent  facts  and  circumstances  touching 
the  right  of  such  person  to  be  registered,  and  they  may 
require  the  truth  of  the  answers  of  all  persons  to  such 
questions  to  be  corroborated  by  independent  evidence  if 
in  their  discretion  they  shall  think  proper,  and  if  in  ans- 
wer to  their  questions  or  upon  testimony  produced  be- 
fore them,  it  shall  appear  to  their  satisfaction  that  the 
person  applying  to  be  registered  had  left  the  State  with- 
out any  intention  of  returning,  or  with  the  intention  of 
returning  at  some  indefinite  time  in  the  future,  he  shall 
not  be  entitled  to  be  registered  as  a  legal  voter;  provi- 
ded, however,  that  this  section  shall  not  apply  to  United 
States  Senators  and  Representatives  in  Congress  from 
Maryland.  Any  officer  of  registration  who  shall  fail  or 
refuse  to  perform  the  duty  imposed  upon  him  by  this 
section  shall  be  subject  to  the  penalties  imposed  by  sec- 
tion 94,  of  this  Article. 

ACTS  OF  1902,  CHAPTER  133. 

28.  All  persons  who  after  the  passage  of  the  Act 
of  1902,  ch.  133,  (March  29,  1902,)  shall  remove  into 
any  county  of  this  State  or  into  the  city  of  Baltimore 
from  any  other  State,  District  or  Territory,  shall  indicate 
their  intent  to  become  citizens  and  residents  of  this  State 
by  registering  their  names  in  a  suitable  record  book  to 
be  procured  and  kept  for  the  purpose  by  the  Clerk  of 
the  Circuit  Court  for  the  several  counties,  and  by  the 
Clerk  of  the  Superior  Court  of  Baltimore  city;  such  re- 
cord to  contain  their  names,  residence,  age  and  occupa- 
tion; and  the  intent  of  such  persons  to  become  citizens 
and  residents  of  this  State  shall  date  from  the  day  on 
which  such  registry  shall  be  so  entered  in  such  record 
book  by  the  Clerk  of  the  Circuit  Court  for  the  county,  or 


33 

of  the  Superior  Court  of  Baltimore  city,  as  the  case  may 
be,  into  which  county  or  city  such  person  shall  so  re- 
move from  any  other  State,  District  or  Territory.  And  no 
person  coming  into  this  State  from  any  other  State,  Dis- 
trict or  territory  shall  be  entitled  to  registration  as  a  legal 
voter  of  this  State  until  one  year  after  his  intent  to  become 
such  legal  voter  shall  be  thus  evidenced  by  such  entry  in 
such  record  book,  and  such  entry  or  a  duly  certified  copy 
thereof  shall  be  the  only  competent  and  admissable  evi- 
dence of  such  intent.  And  the  clerk  of  the  Superior 
Court  of  Baltimore  city  and  of  the  several  courts  of  the 
several  counties  shall  immediately,  upon  the  passage  of 
this  Act,  procure  a  suitable  record  book  f  01  the  record- 
ing therein  of  such  entries  arranged  alphabetically  under 
the  names  of  such  persons.  For  every  person  so  regis- 
tered under  the  provisions  of  this  section  they  shall  be 
entitled  to  demand  and  receive  the  sum  of  twent-five 
cents,  to  be  paid  to  said  clerks  by  the  Mayor  and  City 
Council  of  Baltimore  and  the  County  Commissioners  re- 
spectively. A  copy  of  such  record  duly  certified  by  said 
clerk  shall  be  evidence  of  the  right  of  such  person  to 
registration  as  legal  voters  according  to  law,  and  each 
person  so  registered  shall  be  entitled  to  such  certified 
copy  upon  demand  without  charge. 

ACTS  OF  1902,  CHAPTER  522. 

29.  Nothing  in  the  preceding  section  shall  be  held  to 
apply  to  persons  in  the  diplomatic  or  consular  service  of 
the  United  States  appointed  from  Maryland,  who,  at  the 
time  of  their  appointment  are  registered  voters  thereof, 
or  to  secretaries  and  clerks,  respectively,  of  the  United 
States  Senators  and  Representatives  in  Congress  from 
Maryland  for  periods  of  service  not  longer  than  the  term 
of  a  United  States  Senator  or  Representative  in  Con- 
gress, who  shall  be,  at  the  time  of  their  appointment, 
residents  and  registered  voters  of  the  said  State. 

INTERMEDIATE   REGISTRATION. 

30.  Before    every    November   election    held   in   the 
counties  between  the  general  registration  hereinbefore 
provided  for  the  last  general  registration  shall  be  revised 
by  the  Board  of  Registry  of  each  precinct  where  such 
election  is  to  be  held;  and  for  that  purpose  the  Board  of 
Registry  shall  meet  on  the  Tuesdays,  respectively,  five 


34 

and  four  weeks  preceding  the  regular  fall  election,  and 
shall  hold  a  session  from  8  o'clock  a.  m.  to  7  o'clock  p.  m., 
and  names  may  be  added  on  the  registers  in  the  same 
way,  upon  sworn  application,  as  in  the  case  of  a  general 
registration,  and  all  the  same  forms  and  requirements 
shall  be  observed.  If  it  shall  appear  that  any  applicant 
had  been  upon  the  registry  in  any  other  precinct  of  any 
county  at  any  time  since  the  beginning  of  the  last  gen- 
eral registration  for  such  precinct,  his  name  shall  not  be 
added  to  the  registry  where  application  is  made  until 
he  produces  a  certificate  of  removal  given  him  by  the 
Board  of  Supervisors  of  said  county,  or  by  the  Board  of 
Registry  for  such  other  precincts,  which  certificate  shall 

be  in  substance  as  follows:  "—      —precinct,-    ward 

or  county.     This  is  to  certify  that  the  name  of  —    — , 

heretofore  residing  at ,  in  this  precinct,  has  been 

stricken  from  the  registry  of  the  precinct  and  the  proper 
erasure  made,  and  that  upon  the  registers  of  this  pre- 
cinct the  following  entries  appear  with  reference  to  him: 

Name ,  age ,  color ,  residence—      — , 

nativity  -       — ,  time  of  residence  in  precinct  -       — , 

time  of  residence  in  county  (or  city) ,  time  of 

residence  in  State  naturalized ,  date  of 

papers  -       — ,  court ,  qualified  voter ,  date 

of  application  -  . 


"Board  of  Supervisors  of  Elections  (or  of  Registry/') 
The  foregoing  certificate  shall  be  granted  by  the 
Board  of  Registry  when  in  session,  or  by  the  Board  of 
Supervisors  of  Elections  prior  to  said  session  of  the 
Board  of  Registry,  under  the  following  regulations — 
that  is  to  say:  If  at  the  time  application  for  said  re- 
moval certificate  is  made,  the  name  of  the  said  voter  is 
already  erased  from  the  registry,  then  it  shall  be  the 
duty  of  the  said  Board  of  Supervisors  or  the  said  Board 
of  Registry  to  grant  the  certificate  to  the  voter  himself 
or  to  any  other  person  making  application  therefor.  But 
if  at  the  time  such  application  is  made  the  name  of  the 
voter  be  still  upon  the  registry  of  voters  as  a  qualified 
voter,  the  removal  certificate  shall  ba  granted  and  the 
name  stricken  off  only  upon  the  personal  application  of 


35 

such  voter  to  the  Board  of  Supervisors  or  to  the  said 
Board  of  Registry,  and  after  his  taking  and  subscribing 
an  oath  substantially  as  follows;  "I,  -  — ,  do  solemnly 

swear  (or  affirm)  that  I  now  reside  at ,  in 

county;  that  I  am  the  same  person  who  is  entered  by 
that  name  as  a  qualified  voter  in  the  registries  of  the 

-  precinct  of county;  that  I  have  removed 

from  the  said  last-mentioned  residence,  and  I  do  request 
that  the  proper  entries  and  records  be  made,  and  that 
my  name  be  erased  from  the  registers  of  said  last-men- 
tioned precinct,  and  that  a  certificate  of  removal  be  furn- 
ished me  at  this  time."  The  foregoing  affidavit  shall  be 
written  or  printed  on  the  back  of  such  certificate  of 
removal,  and  when  presented  to  the  Board  of  Registry  of 
the  precinct  in  which  such  applicant  resides,  it  shall  be 
taken  by  said  board  and  returned  to  the  office  of  Super- 
visors of  Elections.  When  such  certificate  shall  be 
§  ranted,  either  by  the  Board  of  Registry  or  by  the 
upervisors  of  Elections,  as  the  case  may  be,  the  name 
of  such  applicant  shall  be  erased  from  the  registers  of 
the  precinct  from  which  he  removed. 

31.  At  the  end  of  each  of  such  sessions  the  registers 
shall  be  made  to  agree,  where  there  is  any  difference  be- 
tween them  and  then  the  officers  of  registration  having 
the  custody  thereof  shall  sign  their  names  or  initials  in 
their  respective  registry  books  immediately  under  the 
last  name  registered  under  each  letter  on  said  registers, 
so  that  no  new  name  can  be  added  thereto  without  dis- 
covery. 

32.  It  shall  be  the  duty  of  the  Board  of  Registry,  after 
the  close  of  the  last-mentioned  session,  to  note  for  era- 
sure from  such  registry  the  names  of  all  persons  known 
or  supposed  to  be  dead,  and  the  names  of  all  persons  who 
are  suspected  of  being  disqualified  under  sections  2  and 
3  of  Article  1  of  the  Constitution  of  the  State,  and  the 
names  of  all  persons  who  are  supposed  to  have  removed 
from  such  precinct  and  have  not  taken  out  removal 
papers,  and  of  all  persons  who  are  suspected  to  be  other- 
wise disqualified  as  voters,  and  they  shall,  before  separ- 
ating, make  out  a  list  of  all  persons  so  noted  for  erasure, 
with  the  address  as  the  same  appears  upon  the  registers. 
In  making  out  such  list  said  Board  of  Registry  shall  treat 
as  persons  suspected  of  not  being  qualified  voters  all 


36 

persons  against  whom  a  sworn  complaint  is  filed  by  any 
voter  in  the  ward  or  county.  Such  complaint  shall  be, 

in  substance,  as  follows:'     "I, a  voter  of- 

county,  do  solemnly  swear  that  I  believe ,  who  pro- 
fesses to  reside  at ,  county,  is  not  a  qualified  voter 

in  the —precinct  of-      —county,  on  the  ground" 

(here  state  reasons).  If  a  majority  of  the  board  know 
or  are  satisfied,  that  such  complaint  is  untrue,  they  need 
not  note  such  name  for  erasure  unless  required  by  a 
member  of  the  board.  Said  list  shall  be  arranged  under 
the  following  headings:  "Disqualified  voters,"  under 
which  shall  be  placed  the  names  of  persons  suspected  to 
be  disqualified  under  sections  2  and  3  of  Article  1  of  the 
Constitution,  or  otherwise;  "Deceased  Voters,"  under 
which  shall  be  placed  all  who  are  known  or  supposed  to 
be  dead;  "Removed,"  under  which  shall  be  placed  all  who 
are  known  or  supposed  to  have  removed  from  their  last 
address.  The  member  of  the  board  acting  as  clerk  shall 
forthwith  ascertain  the  facts  as  to  all  such  persons  on 
said  list  in  the  manner  hereinbefore  provided  in  the  case 
of  the  first  registration,  and  shall  give  such  persons  the 
notice  provided  for  in  the  case  of  the  first  registration. 

33.  The  Board  of  Registry  shall  again  meet  for  revision 
on  Tuesday  three  weeks  before  such  election,  and  a  ses- 
sion shall  then  be  held  from  8  a.  m.  until  7  o'clock  p.  m. 
At  such  meeting  the  officer  who  last  acted  as  clerk  shall 
file  with  said  board  an  affidavit  of  the  facts  noted  by  him 
as  to  the  persons  on  said  suspected  list,  giving  the  names 
and  addresses  of  those  not  found,  and  also  the  name  and 
address  of  those  actually  served  with  such  notice,  or 
served  by  leaving  the  notice  at  the  designated  place  of 
residence,  stating  how  service  was  made,  and  also  stating 
the  name  and  address  of  all  those  to  whom  such  notice 
was  mailed,  and  when  mailed.     No  new  names  shall  be 
added  at  such  meeting. 

34.  At  such  meeting  both  of  the  registers  shall  again 
be  produced,  and  said  board  shall  hear  every  person  that 
appears  before  them  to  whom  notice  was  sent,  to  show 
cause  why  his  name  should  not  be  erased  from  said 
register,  in  the  same  manner  provided  for  in  case  of  the 
general  registration;  and  if  a  majority  of  said  board  shall 
decide  that  such  person  is  not  a  qualified  voter,  his  name 


37 

shall  be  erased  from  the  registers.  Evidence  on  either 
side  may  be  heard,  and  all  witnesses  or  parties  shall  be 
sworn.  If  qualified  voters  so  noted  as  dead  or  removed 
are  not  dead  or  have  not  removed,  their  names  shall 
stand,  but  if  any  person  so  notified  does  not  appear  at 
such  session  and  show  cause  why  his  name  should  not  be 
erased,  the  board  shall  during  the  last  hour  of  such  ses- 
sion, cause  his  name  to  be  erased  and  marked  as  disquali- 
fied, dead  or  removed,  as  the  case  may  be,  unless  a  ma- 
jority of  the  board  are  satisfied,  of  their  own  knowledge, 
or  upon  competent  evidence,  that  such  person  is  entitled 
to  have  his  name  retained  on  the  registry,  and  under  the 
head  of  "Remarks,"  opposite  each  name  erased,  shall  be 
stated  the  facts  as  to  such  erasure,  the  grounds  and  date 
of  making  the  same  and  the  evidence  on  which  it  was 
made.  The  two  registers  shall  then  be  compared  and 
made  to  agree,  where  there  is  any  difference,  and 
such  revision  of  the  registry  by  said  Board  of  Regis- 
try shall  then  be  considered  closed,  and  no  other  name 
can  be  added  by  said  board  and  a  certificate  of  the 
number  of  qualified  voters  shall  then  be  made  and 
signed  on  the  registers.  The  registers  shall,  by  noon  of 
the  second  day  thereafter,  be  returned  to  the  Supervi- 
sors of  Elections,  with  the  alphabetical  list,  as  required 
in  section  23. 

35.  The  Board  of  Supervisors  of  Elections  shall,  im- 
mediately, upon  the  return  of  said  registers,  cause  a 
suitable  number  of  copies  of  the  alphabetical  list  of 
names  registered  or  erased  in  each  precinct  to  be  printed 
and  written  three  days  after  such  return  of  the  lists, 
and  cause  copies  thereof  to  be  posted  and  to  be  given  to 
the  judges  or  clerks,  and  to  ba  sold,  as  before  provided, 
in  case  of  general  registration. 

36.  Any  person  who  feels  aggrieved  for  any  of  the 
causes  mentioned  in  section  24  of  this  Article,  which 
may  have  arisen  in  the  course  of  such  revision,  may  file 
a  petition  as  provided  for  the  first  general  registration, 
and  thereupon  the  same  proceedings  shall  be  had,  and 
the  same  forms  and  methods  shall  be  used  as  in  case  of 
similar  petitions  under  the  said  section  24. 

37.  The  place  of  any  officer  of  registration  who  may 
be  absent  on  any  day  of  registration  or  revision  shall  be 


38 

filled  by  the  other  members  of  the  board  then  present, 
always  selecting  a  person  of  the  same  political  party  as 
the  absent  person,  and  the  same  oath  shall  be  adminis- 
tered by  one  of  the  members  of  said  board  then  present 
to  such  temporary  officer  of  registration,  as  provided  in 
the  case  of  the  regular  officers  of  registration;  whenever 
the  regular  officer  shall  return  or  be  present  the  tem- 
porary incumbent  shall  vacate  his  office.  The  appoint- 
ment and  swearing  in  of  all  such  substitutes,  and  the 
reasons  therefor,  and  the  time  when  such  substitutes 
began  and  ceased  to  serve  as  officers  of  registration  shall 
be  noted  by  the  board  in  the  registers. 

38.  There  shall  not  be  a  previous  revision  of  the  regis- 
try before  any  special  election,  but  at  such  election  the 
registry  books  as  last  prepared  or  revised  shall  be  used. 
In  the  year  eighteen  hundred  and  ninety-seven,  how- 
ever, and  every  second  year  thereafter,  the  books   of 
registration  for  the  city  of  Annapolis  shall  be  open  by 
the  several  boards  of  registry  for  the  wards  or  precincts 
thereof  on  the  second  Monday  and  the  following  Tues- 
day in  those  years,  for  the  purpose  of  registering  new 
voters  and  for  the  correction  of  said  books  of  regis- 
tration prior  to  the  biennial  municipal  elections  in  said 
city  in  the  month  of  July,  and  of  those  sittings  of  the 
said  boards  of  registry,  ten  days'  previous  public  notice 
shall  be  given  by  the  Board  of  Supervisors  of  Anne 
Arundel  county,  directed  by  section  13. 

39.  The  Board  of  Supervisors  of  Elections,  the  Board 
of  Registry  and  each  member  of  said  Board  of  Registry 
shall,  without  fee  or  reward,  whenever  the  said  registers, 
or  any  one  of  them,  in  its  or  his  custody,  permit  the  same 
to  be  freely  inspected  by  any  one  wishing  so  to  do,  such 
inspection  shall  be  made  in  the  presence  of  a  member  or 
members  of  the  said  Board  of  Supervisors  or  one  of  their 
clerks,  or  of  the  said  Board  of  Registry,  or  of  those  mem- 
bers of  the  Board  of  Registry  in  whose  custody  the  said 
registers  may  be,  and  not  otherwise.  Said  Board  of  Sup- 
ervisors and  said  Board  of  Registry  shall,  upon  applica- 
tion, furnish  a  copy  of  any  entry  in  said  register,  and 
said  copy,  under  their  hands,  shall  be  evidence  in  any 
court  or  before  any  officer,  of  the  matters  therein  con- 
tained. 


39 

NOMINATIONS. 

40.  Any  convention  or  primary  meeting  as  hereinafter 
defined,  held  for  the  purpose  of  making  nominations  to 
public  office,  and  also  voters  to  the  number  hereinafter 
specified,  may  nominate  candidates  for  public  office  to  be 
filled  by  election  within  the  State.     A  convention  or  pri- 
mary meeting,  within  the  meaning  of  this  Article,  is  an 
organized  assemblage  of  delegates  or  voters  represent- 
ing a  political  party  or  principle  which  at  the  last  elec- 
tion before  holding  of  such  convention  polled  at  least 
one  per  cent,  of  the  entire  vote  cast  in  the  State,  county 
or  other  division  or  district  for  which  the  nomination  is 
made.     Nominations  may  be  made  by  means  of  primary 
elections  without  the  intervention  of  any  convention,  by 
any  party  which,  at  the  last  preceding  election,  polled 
the  requisite  proportion  of  votes  as  hereinbefore  speci- 
fied. 

CHAPTER  2,  1901. 

41.  All  nominations  made  by  such  convention  or  pri- 
mary meetings  shall  be  certified  as  follows:    The  certifi- 
cate of  nomination  shall  be  in  writing,  shall  contain  the 
name  of  each  person  nominated,  his  residence,  his  busi- 
ness, his  address  and  the  office  for  which  he  is  nominated, 
and  shall  designate,  in  not  more  than  five  words,  the  party 
or  principle  which  such  convention  or  primary  meeting 
represents.    It  shall  be  signed  by  the  presiding  officer  and 
secretary  of  such  convention,  who  shall  add  to  their  signa- 
tures their  respective  places  of  residence,  their  business 
and  business  address,  and  acknowledge  the  same  before 
an  officer  duly  authorized  to  take  acknowledgments,  who 
shall  append  a  certificate  of    such    acknowledgment 
thereto.    If  the  nomination  is  by  means  of  a  primary 
election,  the  certificate  shall  be  signed  and  acknowledged 
by  the  person  or  persons  whose  duty  it  may  be,  by  party 
usage,  to  declare  the  result  of  such  election  in  the  man- 
ner prescribed  for  a  nomination  by  a  convention,  but  no 
party  emblem  or  device  of  any  kind  shall  be  added  to 
said  certificate;  and  if  any  such  emblem  or  device  should 
be  added,  it  shall  not  be  printed  upon  the  ballot  by  the 
Secretary  of  State  or  any  of  the  Board  of  Supervisors  of 
Elections. 

42.  A  candidate  for  public  office  may  be  nominated 
otherwise  than  by  a  convention  or  primary  election  in 


40 

the  manner  following:  A  certificate  of  nomination  con- 
taining the  names  of  a  candidate  for  the  office  to  be 
filled,  with  such  information  as  is  required  to  be  given 
in  certificates  provided  for  in  section  41  of  this  Article, 
with  the  additional  statement  that  the  persons  signing- 
the  same  intend  to  vote  for  the  person  to  be  nominated 
thereby,  shall  be  signed  by  voters  in  numbers  as  follows, 
residing  in  the  political  division  in  and  for  which  the 
officer  is  to  be  elected — that  is  to  say:  The  number  of 
signatures  so  required  shall  not  be  less  than  five  hun- 
dred when  the  nomination  is  for  an  office  to  be  filled  by 
an  election  participated  in  by  the  voters  of  the  entire 
State,  and  not  less  than  three  hundred  when  the  nomi- 
nation is  for  an  office  to  be  filled  by  an  election  to  be 
participated  in  by  the  voters  of  an  entire  congressional 
district  or  of  the  entire  cities  of  Baltimore,  Annapolis, 
Frederick,  Cumberland  or  Hagerstown,  and  not  less  than 
two  hundred  for  nominations  for  all  other  elections;  and 
provided  also,  that  the  said  signatures  need  not  all  be 
appended  to  one  paper;  but  if  the  signatures  are  appen- 
ded to  more  than  one  paper  all  such  papers  must  be 
fastened  together  and  filed  as  one  certificate.  Each 
signer  shall  append  to  his  signature  his  residence,  occu- 
pation and  place  of  business,  and  every  such  paper  shall 
be  accompanied  by  an  affidavit  or  affidavits  made  before 
a  justice  of  the  peace  by  one  or  more  persons  known  per- 
sonally to  the  justice  and  so  certified  by  him  and  signed 
by  the  affiant  or  affiants,  to  the  effect  that  the  signers 
are  known  to  such  affiant  or  affiants  to  be  registered 
voters  of  the  district  or  precinct  in  which  they  respec- 
tively reside,  and  that  the  said  affiant  or  affiants  person- 
ally saw  the  signers  in  regard  to  whom  he  or  they  make 
path  sign  such  paper,  and  any  wilfully  false  statement 
in  such  affidavit  or  affidavits  or  affirmation  shall  be 
deemed  a  misdemeanor,  and  shall  subject  the  person 
making  the  same  to  the  fines  and  penalties  prescribed  by 
the  law  of  this  State  for  the  crime  of  perjury. 

43.  Certificates  of  nominations  shall  be  filed  with  the 
Secretary  of  State  for  the  nomination  of  members  of 
Congress  or  of  candidates  *  for  offices  to  be  filled  by  the 
voters  of  the  entire  State  or  of  any  division  of  a  greater 
extent  than  one  county.  For  all  other  nominations  to- 
public  offices  certificates  of  nomination  shall  be  filed  with 


41 

the  Supervisors  of  Elections  of  the  respective  counties 
or  of  Baltimore  city  as  the  case  may  be,  wherein  the 
offices  are  to  be  filled  by  the  voters. 

44.  No  certificate  of  nomination  shall   contain  the 
name  of  more  than  one  nominee  for  each  office  to  be 
filled.     No  person  shall  join  in  nominating  more  than 
one  nominee  for  each  office  to  be  filled,  and  no  person 
shall  accept  a  nomination^to  more  than  one  office. 

45.  The  Secretary  of  State  and  the  several  boards  of 
supervisors  of  elections  shall  cause  to  be  preserved  in 
their  respective  offices,  for  two  years,  all  certificates  of 
nomination  filed  with  them  under  the  provisions  of  this 
Article.    All  such  certificates  shall  be  open  to  public  in- 
spection. 

ACTS  OF  1902,    CHAPTER  133. 

46.  Except  in  cases  provided  for  by  section  50  and 
cases  of  special  election,  to  fill  vacancies  in  office  caused 
by  death,  resignation,  or  otherwise,  such  certificates  of 
nomination  shall  be  filed  respectively  with  the  Secretary 
of  State  not  less  than  twenty-five  days,  and  with  the 
Board  of  Supervisors  of  Elections  not  less  than  fifteen 
days  before  the  day  of  election. 

47.  Not  less  than  eighteen  days  before  an  election  to 
fill  any  public  office,  the  Secretary  of  State  shall  certify 
to  the  Supervisors  of  Elections  of  each  county,  within 
which  any  of  the  voters  may,  by  law,  vote  for  candi- 
dates for  such  office,  the  name  and  description  of  each 
person  nominated  for  such  office,  as  specified  in  the  cer- 
tificates of  nomination  filed  with  the  Secretary  of  State, 
and  shall  certify  the  same  to  the  Supervisors  of  Elec- 
tion of  Baltimore  city,  if  any  of  the  voters  of  said  city, 
may,  by  law,  vote  for  candidates  for  such  office. 

48.  At  least  eight  days  before  an  election  to  fill  any 
public  office  the  Supervisors  of  Elections  of  each  county 
and  of  the  city  of  Baltimore  shall  cause  to  be  published 
in  two  or  more  newspapers  within  such  county,  and  in  all 
the  daily  papers  published  in  said  city  which  will  publish 
the  same  at  the  current  rates  for  advertising,  the  nomi- 
nations to  office  which  have  then  been  filed  with  or  certi- 
fied to  them  under  the  provisions  of  this  Article.     If  in 
any  county  there  be  but  one  newspaper  published,  publi- 
cation in  such  one  newspaper  shall  be  sufficient.     They 


42 

shall  make  not  less  than  two  such  publications  in  each  of 
such  newspapers  before  the  day  of  election,  and  one  of 
such  publications  in  each  newspaper  shall  be  upon  the 
last  day  upon  which  said  newspaper  is  issued  before  the 
day  of  election.  Such  publication  shall  be  made  in  news- 
papers devoted  to  the  dissemination  of  general  news,  and 
the  two  newspapers  selected  shall,  if  possible,  represent 
the  political  parties  which  at  the  last  preceding  election 
cast  the  largest  and  next  largest  number  of  votes.  The 
list  of  nominations  published  by  the  Supervisors  of  Elec- 
tions shall  be  arranged,  so  far  as  practicable,  in  the  order 
and  form  in  which  they  are  to  be  printed  upon  the 
ballots. 

49.  Whenever  any  person  nominated  for  public  office, 
as  in  this  Article  provided,  shall,  at  least  ten  days  before 
election,  in  a  writing  signed  by  him  and  acknowledged 
before  a  justice  of  the  peace,  or  if  he  be  out  of  the  State 
at  the  time,  before  a  notary  public,  notify  the  officer  with 
whom  the  certificate  nominating  him  is,  by  this  Article, 
required  to  be  filed,  that  he  declines  such  nomination, 
such  nomination  shall  be  void,  and  the  name  of  any  per- 
son so  declining  shall  not  be  printed  upon  the  ballots. 

50.  Should  any  person  so  nominated  die  before  election 
day  or  decline  the  nomination,  as  in  this  Article  pro- 
vided, or  should  any  certificate  of  nomination  be  or  be- 
come insufficient  or  inoperative  from  any  cause,  the  va- 
cancy or  vacancies  thus  occasioned  may  be  filled  in  the 
manner  required  for  original  nominations.     If  the  origi- 
nal nomination  was  made  by  a  party  convention  which 
had  delegated  to  a  committee  the  power  to  fill  vacancies, 
such  committee  may,  upon  the  occurring  of  such  vacan- 
cies proceed  to  fill  the  same;  the  chairman  and  secretary 
of  such  committee  shall  thereupon  make  and  file  with 
the  proper  officer  a  certificate  setting  forth  the  cause  of 
the  vacancy,  the  name  of  the  person  nominated,  the 
office  for  which  he  was  nominated,  the  name  of  the  per- 
son for  whom  the  new  nominee  is  to  be  substituted,  the 
fact  that  the  committee  was  authorized  to  fill  vacancies 
and  such  further  information  as  is  required  to  be  given 
in  an  original  certificate  of  nomination.    The  certificate 
so  made  shall  be  executed  and  acknowledged  in  the  man- 
ner prescribed  for  the  original  certificate  of  nomination, 


43 

and  shall,  except  in  case  of  a  nominee  dying,  be  filed  at 
least  eight  days  before  the  day  of  election,  and  in  cases 
of  either  resignation  or  death,  shall  be  filed  within  six 
days  after  the  vacancy  shall  have  occurred,  and  upon  be- 
ing so  filed  shall  have  the  same  force  and  effect  as  an 
original  certificate  of  nomination.  When  such  certificate 
shall  be  so  filed  with  the  Secretary  of  State,  he  shall,  in 
certifying  the  nomination  to  the  Supervisors  of  Elec- 
tions, insert  the  name  of  the  person  who  has  been  thus 
nominated  to  fill  a  vacancy  in  place  of  that  of  the  origi- 
nal nominee;  and  in  case  he  has  already  set  forth  his  cer- 
tificate he  shall  forthwith  certify  to  the  supervisors  the 
name  and  description  of  the  person  so  nominated  to  fill 
a  vacancy,  the  office  for  which  he  is  nominated,  the 
party  or  political  principle  he  represents,  and  the  name 
of  the  person  for  whom  he  is  substituted.  In  the  case, 
however,  of  any  nominee  dying  within  so  short  a  time 
before  the  day  of  election  that  the  certificate  of  nomi- 
nation of  the  new  nominee  shall  not  have  been  filed  with 
or  certified  to  the  Supervisors  of  Elections  until  after 
six  days  before  the  day  of  election,  thus  being  too  late 
for  the  name  of  the  new  nominee  to  be  printed  on  the 
ballots  in  any  county  or  the  city  of  Baltimore,  as  here- 
inafter provided,  the  Board  of  Supervisors  of  such  county 
or  city  shall  at  once  cause  to  be  printed  a  sufficient  num- 
ber of  stickers  bearing  the  name  of  such  substituted 
nominee,  and  shall  deliver  the  same  in  due  time  to  the 
judges  of  election  for  all  of  those  precincts  in  said  county 
or  city  wherein  said  nominee  may  be  voted  for,  and  said 
judges  shall  affix  such  stickers  in  the  proper  place  on 
each  ticket  before  it  is  given  out  to  the  voter.  If  the 
resignation  or  disqualification,  or  death  and  consequent 
change  of  nominee  shall  have  occurred  and  been  made 
after  the  first  publication  provided  for  in  section  48,  and 
before  the  second  publication,  the  Board  of  Supervisors 
shall,  if  possible,  make  the  proper  change  in  the  second 
publication. 

51.  Whenever  a  proposed  constitution  or  constitutional 
amendment,  or  other  question,  is  submitted  for  popular 
approval  to  the  voters  of  the  State,  the  Secretary  of 
State  shall  duly,  and  not  less  than  thirty  days  before  the 
election,  certify  the  same  to  the  Supervisors  of  Elections 
in  the  counties  and  the  city  of  Baltimore,  and  there- 


44 

upon,  the  said  supervisors  shall  include  the  same  in  the 
publication  provided  for  in  section  48  of  this  Article.  If 
questions  of  local  concern  are  to  be  submitted  for  ap- 
proval to  a  vote  of  the  people  of  a  county  or  a  munici- 
pality, the  same  shall  be  certified  to  said  Supervisors  of 
Elections  within  said  period  by  the  County  Commission- 
ers or  register  of  the  city  of  Baltimore,  as  the  case  may 
be,  and  shall  be  advertised  as  herein  provided  in  the  case 
of  nominees  for  county  or  city  officers. 

BALLOTS  AND  BALLOT  BOXES. 

52.  All  ballots  cast  in  elections  for  public  officers  with- 
in this  State  shall  be  printed  and  distributed  as  herein- 
after provided.     The  printing  of  ballots  and  cards  of  in- 
struction for  the  voters  in  each  county  and  the  city  of 
Baltimore,  and  the  delivery  of  the  same  to  the  judges  of 
election,  as  provided  in  this  Article,  shall  be  at  public 
expense,  the  payment  of  which  shall  be  provided  for  by 
the  several  counties  and  the  city  of  Baltimore,  respect- 
ively.   All  ballot  boxes  shall  be  constructed  as  follows: 
Each  box  shall  be  one  foot  outside  measure,  as  near  as 
may  be,  in  width  and  length,  and  eighteen  inches  in 
depth,  strapped  and  secured  on  each  edge  and  corner, 
with  brass  mouldings,  securely  brazed  or  soldered  to- 

f ether  at  the  junctions  thereof,  so  as  to  prevent  it  from 
eing  easily  broken;  it  shall  have  a  strong  wooden  lid, 
which  shall  be  fastened  to  the  box  with  brass  or  iron 
hinges,  not  accessible  from  the  outside,  and  shall  have  a 
good  Yale  lock,  there  shall  be  a  slit  in  the  lid  just  large 
enough  to  admit  a  single  folded  ballot  at  one  time,  and 
the  sides  and  bottom  of  the  box  shall  be  of  clear  plate 
glass  not  less  than  one-eighth  of  an  inch  in  thickness. 
Each  such  box,  when  not  in  actual  use  at  a  polling  place, 
shall  be  kept  in  a  wooden  case  for  the  protection  of  the 
same  and  its  contents  in  the  transportation  and  storage 
thereof. 

CHAPTER  2,  1901. 

53.  It  shall  be  the  duty  of  the  Board  of  Supervisors  of 
Elections  of  each  county  and  of  the  city  of  Baltimore  to 
provide  ballots  for  every  election  for  public  officers  held 
under  this  Article  in  which  any  voters  within  the  county 
or  said  city  shall  participate,  and  cause  to  be  printed  on 
the  ballot  the  name  of  every  candidate  whose  name  has 


45 

been  certified  to  or  filed  with  the  proper  officers  in  the 
manner  herein  provided  by  such  political  party,  organi- 
zation or  body  of  individuals;  but  the  said  supervisors 
shall  not  be  required  to  print  any  name  upon  a  ballot  if 
such  name  shall  not  have  been  certified  to  them  at  least 
six  days  before  election  day.  Each  ballot  shall  contain 
a  sta  cement  of  every  constitutional  amendment  or  other 
question  to  be  submitted  to  the  vote  of  the  people  at  any 
election.  Ballots  other  than  those  printed  by  the  re- 
spective Boards  of  Supervisors  of  Elections,  according 
to  the  provisions  of  this  Article  shall  not  be  cast  or 
counted  in  any  election  except  as  hereinafter  provided. 
Nothing  in  this  Article  contained  shall  prevent  any  voter 
from  writing  on  this  ballot  and  marking  in  the  proper 
place  the  name  of  any  person  other  than  those  already 
printed  for  whom  he  may  desire  to  vote  for  any  office, 
and  such  votes  shall  be  counted  the  same  as  if  the  name 
of  such  person  had  been  printed  upon  the  ballot  and 
marked  by  the  voter.  Any  voter  may  take  with  him 
into  the  polling  place  any  written  or  printed  memoran- 
dum or  paper  to  assist  him  in  marking  or  preparing  his 
ballot,  except  a  f  ac-simile  of  the  ballot  to  be  voted.  Bal- 
lots shall  be  printed  and  in  possession  of  the  Supervisors 
of  Elections  at  least  four  days  before  election  day,  and 
a  correct  list  of  the  names  of  the  candidates  thereon 
with  the  designation  of  the  offices  for  which  the  persons 
named  thereon  are  candidates  shall  be  furnished  on  de- 
mand by  the  supervisors  to  the  candidates  or  their 
authorized  agents.  If  any  mistake  be  discovered,  it 
shall  be  the  duty  of  the  said  supervisors  to  correct  the 
same  without  delay,  and  if  said  supervisors  shall  decline 
or  refuse  to  make  correction,  then  upon  the  sworn  peti- 
tion of  any  qualified  voter  who  would  have  the  right  to 
vote  for  such  candidate  at  the  approaching  election,  the 
Circuit  Court  for  any  county,  or  one  of  the  Judges  of  the 
Supreme  Bench  of  Baltimore  city,  may,  by  order,  require 
said  supervisors  of  elections  to  correct  such  error  or  to 
show  cause  why  such  error  should  not  be  corrected. 

(The  following  section  54  regulating  the  form  and  ar- 
rangement of  the  ballot,  applies  only  to  Baltimore  city, 
Baltimore,  Dorchester,  Queen  Anne's,  Wicomico,  Carroll, 
Washington,  Allegany,  Cecil,  Montgomery,  Howard, 
Caroline,  Harf  ord,  Frederick  and  Garrett  counties. 


46 

ACTS  OF  1902,  CHAPTER  133. 

54.  The  form  and  arrangement  of  the  ballots  shall  be 
as  follows:  All  ballots  shall  contain  the  name  of  every 
candidate  whose  nomination  for  any  office  specified  in 
the  ballot  has  been  certified  to  and  filed  according  to  the 
provisions  of  this  Article  and  not  withdrawn  in  accord- 
ance herewith.  The  names  of  candidates  for  every  office 
shall,  except  in  the  case  of  candidates  for  Presidential 
Electors,  be  arranged  alphabetically  according  to  their 
surname  under  the  designation  of  the  office.  Above  the 
group  of  names  of  the  candidates  for  each  office,  and 
upon  a  separate  line  immediately  underneath  the  desig- 
nation of  the  office  there  shall  be  printed  in  bold,  plain, 
Roman  capitals,  twelve  point  (pica)  type,  an  appropriate 
direction  or  instruction  to  the  voter,  informing  him  of 
the  number  of  persons  for  whom  he  may  lawfully  vote 
for  the  particular  office  mentioned  immediately  above 
each  such  direction  thus,  "vote  for  one,"  or  "vote  for 
two,"  or  "vote  for  six"  as  the  case  may  be.  To  the  right 
of  the  name  of  each  candidate  upon  the  official  ballot 
and  properly  separated  from  said  name,  and  immediate- 
ly to  the  left  of  the  square  opposite  the  name  of  the 
candidate  and  in  line  therewith,  shall  be  added  the  desig- 
nation of  the  party  or  principle  which  the  candidate 
represents,  as  is  duly  contained  in  the  certificate  of 
nomination  or  nomination  papers  (said  designation  of 
the  party,  however,  shall  consist  solely  of  the  name  of 
the  party  and  nothing  more.)  To  the  name  of  each 
candidate  for  State  office  or  candidate  for  Congress  shall 
be  added  the  name  of  the  county  or  city  in  which  the 
candidate  resides.  Ballots  shall  be  so  printed  as  to  give 
to  each  voter  a  clear  opportunity  to  designate  by  a  cross 
(X)  in  a  square  at  the  right  of  the  name  of  each  candi- 
date, and  at  the  right  of  each  question  his  choice  of  can- 
didates, and  his  answer  to  such  question.  If  a  candidate 
is  named  for  the  same  office  on  two  or  more  certificates 
of  nomination  his  name  shall  be  printed  on  the  ballot 
but  once,  and  to  the  right  of  the  name  of  said  candidate 
shall  be  added  the  names  of  each  of  the  parties  or  prin- 
ciples which  the  candidate  represents.  When  the  name 
of  a  political  party  is  given  in  connection  with  the  name 
of  a  candidate  nominated  as  provided  in  section  42  of 
this  Article,  it  shall  be  stated  on  the  ballot  to  the  right 


47 

of  the  name  of  the  candidate;  but  if  there  shall  have 
been  any  nomination  for  the  same  office  by  a  convention 
or  primary  election  claiming  the  same  party  name,  duly 
certified  as  hereinbefore  provided,  the  word  "Indepen- 
dent" shall  precede  the  party  name  and  if  the  candidate 
is  nominated  under  the  provisions  of  the  said  section  42 
to  be  printed  to  the  right  of  the  name  of  each  except 
Presidential  Electors.  If  the  same  party  name  shall  be 
claimed  on  behalf  of  nominations  made  by  more  than  one 
convention  or  primary  election,  and  duly  certified  as 
aforesaid,  the  officers  by  whom  the  ballot  is  to  be  pre- 
pared, or  a  majority  of  them,  shall  determine  which 
nominees  are  justly  entitled  to  the  party  name,  and  the 
word  "Independent"  shall  precede  the  party  name  of  the 
other  nominee.  The  names  of  candidates  for  the  office 
of  Electors  of  President  and  Vice  President  o2  the  United 
States  shall  be  arranged  in  groups,  as  presented  in  the 
several  certificates  of  nomination  papers,  and  the  several 
groups  shall  be  arranged  in  such  order  of  the  sur-names 
of  the  candidates  for  president  as  the  several  Boards  of 
Supervisors  shall  prescribe  in  the  city  of  Baltimore,  and 
in  the  several  counties  respectively.  If  candidates  for 
Presidential  Electors  are  nominated  at  large  and  for  the 
several  Congressional  districts,  the  name  and  place  of 
residence  of  the  candidates  at  large  shall  be  put  at  the 
head  of  each  group,  and  the  names  of  the  other  candi- 
dates with  their  places  of  residence,  including  the  num- 
bers of  the  Congressional  district  in  which  they  reside, 
shall  follow  in  numercial  order.  The  surname  of  the 
candidates  of  each  political  party  for  the  office  of  Presi- 
dent and  Vice  President,  with  the  party  name  at  the 
right  of  the  surname,  shall  be  placed  above  the  group  of 
candidates  for  electors  of  such  party.  There  shall  be 
left  at  the  right'  of  the  surname  of  the  candidates  for 
President  and  Vice  President  so  formed  as  to  include 
both  names  and  to  the  right  of  the  name  of  each  elector, 
a  sufficient  clear  square  in  which  each  voter  may  desig- 
nate by  a  cross  (X)  his  choice  for  electors.  All  candi- 
dates for  office  shall,  as  far  as  possible,  be  placed  in  one 
column,  but  when  the  names  to  be  printed  upon  the  ticket 
are  over  thirty-six,  then  another  column  shall  be  added 
in  which  names  shall  be  printed,  and  when  two  or  more 
columns  are  used  the  same  number  of  names  shall,  as  far 


48 

as  possible,  be  printed  in  each  column.  And  the  initial 
letter  of  the  given  or  Christian  name  of  the  several 
candidates  in  each  column  shall  be  printed  directly  be- 
neath each  other  in  a  vertical  line,  and  the  initial  letter 
of  the  respective  party  designations  of  said  several  can- 
didates shall  be  printed  directly  beneath  each  other  in  a 
vertical  line.  A  constitutional  amendment,  or  any  ques- 
tion to  be  submitted  to  the  popular  vote,  shall  be  printed 
in  a  separate  column  to  follow  immediately  after  the 
names  of  the  candidates. 

(The  following  section  55,  regulating  the  form  and  ar- 
rangement of  the  ballot  applies  to  the  following  counties 
only:  Anne  Arundel,  Calvert,  Charles,  Kent,  Prince 
George's,  St.  Mary's,  Somerset,  Talbot  and  Worcester.) 

ACTS  OF  1904,  CHAPTER  339. 

55.  The  form  and  arrangement  of  the  ballot  shall  be  as 
follows:  All  ballots  shall  contain  the  name  of  every 
candidate  whose  nomination  for  any  office  specified  in  the 
ballot  has  been  certified  and  filed  according  to  the  pro- 
visions of  this  Article,  and  not  withdrawn  in  accordance 
herewith. 

The  names  of  candidates  for  every  office  shall,  except 
in  case  of  candidates  for  Presidential  Electors,  be  ar- 
ranged under  the  designation  of  the  officer.  Above  the 
group  of  names  of  the  candidates  for  each  office,  and 
upon  a  Separate  line  immediately  beneath  the  designa- 
tion of  the  office,  there  shall  be  printed,  in  bold,  plain, 
Koman  capitals,  twelve  point  (pica)  type,  an  appropriate 
direction  or  instruction  to  the  voter,  informing  him  of 
the  number  of  persons  for  whom  he  may  lawfully  vote 
for  the  particular  office  mentioned  immediately  above 
each  such  direction,  thus:  "vote  for  one,"  or  "vote  for 
two,"  or  "vote  for  six,"  as  the  case  may  be.  To  the  name 
of  each  candidate  for  State  office  or  candidate  for  Con- 
gress shall  be  added  the  name  of  the  county  or  city  in 
which  the  candidate  resides.  Ballots  shall  be  so  printed 
as  to  give  to  each  voter  a  clear  opportunity  to  designate 
by  a  cross  (X)  in  a  square  at  the  right  of  the  name  of 
each  candidate,  and  at  the  right  of  each  question  his 
choice  of  candidate  and  his  answer  to  such  question. 
Such  square  shall  be  at  least  one-half  of  an  inch  in  size. 
If  a  candidate  is  named  for  the  same  office  on  two  or 


49 

more  certificates  of  nomination,  his  name  shall  be  printed 
on  the  ballot  but  once.  The  names  of  candidates  for  the 
office  of  election  of  President  and  Vice-President  of 
the  United  States,  shall  be  arranged  in  groups,  as  pre- 
sented in  the  several  certificates  of  nomination  papers, 
and  the  several  groups  shall  be  arranged  in  such  order 
of  the  surnames  of  the  candidates  for  President  as  the 
several  Boards  of  Supervisors  shall  prescribe  in  the  city 
of  Baltimore,  and  in  the  several  counties  respectively. 
If  candidates  for  Presidential  Electors  are  nominated  at 
large,  and  for  the  several  Congressional  districts,  the 
name  and  place  of  residence  of  the  candidates,  with  their 
places  of  residence,  including  the  numbers  of  the  Con- 
gressional district  in  which  they  reside,  shall  follow  in 
numerical  order.  The  surname  of  the  candidates  of 
each  political  party  for  the  office  of  President  and  Vice 
President  shall  be  placed  above  the  group  of  candidates 
for  election  of  such  party.  There  shall  be  left  at  the 
right  of  the  surname  of  the  candidates  for  President  and 
Vice  President,  so  formed  as  to  include  both  names,  and 
to  the  right  of  the  name  of  each  elector,  a  sufficient  clear 
square  in  which  each  voter  may  designate,  by  a  cross  (X) 
his  choice  for  electors.  All  candidates  for  office  shall, 
as  far  as  possible,  be  placed  in  one  column,  but  where 
the  names  to  be  printed  upon  the  ticket  are  over  thirty- 
six,  then  another  column  shall  be  added  in  which  names 
shall  be  printed,  and  when  two  or  more  columns  are  used 
the  same  number  of  names  shall,  as  far  as  possible,  be 
printed  in  each  column,  and  the  initial  letter  of  the  given 
or  Christian  name  of  the  several  candidates  in  each 
column  shall  be  printed  directly  beneath  each  other  in  a 
vertical  line.  A  Constitutional  Amendment,  or  any 
question  to  be  submitted  to  the  popular  vote,  shall  be 
printed  in  the  same  column  with  the  names  of  the  can- 
didates. 

ACTS  OF  1901,  CHAPTER  2. 

56.  If  at  any  election  there  •  be  a  constitutional  ques- 
tion, or  any  other  question  to  be  submitted  to  the  popu- 
lar vote,  the  said  question  shall  be  placed  upon  said 
ballot  in  the  form  following  "For  Constitutional  Amend- 
ment," "Against  Constitutional  Amendment,"  "For  Pro- 
position," "Against  Propositson,"  and  said  respective 
questions  shall  be  placed  in  a  column,  as  hereinbefore 


50 

mentioned,  so  that  the  same  shall  form  a  parallelogram 
or  space  where  the  voter  may  clearly  indicate  in  the  way 
hereinbefore  pointed  out,  whether  he  shall  wish  to  cast 
his  ballot  for  or  against  the  Constitutional  Amendment, 
or  Proposition,  or  Propositions  submitted. 

ACTS  OF  1902,  CHAPTER  133. 

57.  All  said  ballots  in  all  elections  in  and  throughout 
the  State  of  Maryland,  including  all  the  counties  thereof 
and  Baltimore  city,  shall  be  printed  in  the  same  uniform 
type  upon  plain  white  printing  paper  of  ordinary  book 
weight  in  black  ink,  and  the  names  of  all  candidates  and 
their  several  party  designations  shall  be  printed  upon  all 
ballots  which  may  be  used  in  any  and  all  elections  in 
every  county  of  the  State  and  in  the  city  of  Baltimore, 
in  the  following  type  to  wit:  In  clear,  plain,  bold  and 
legible  Roman  capitals,  twelve  point,  generally  known  as 
pica  type,  one-eighth  of  an  inch  high,  or  in  depth,  and 
the  printing  of  said  names  of  said  candidates  and  of  their 
respective  party  designations,  shall  also  be  uniform  in 
style  and  appearance  throughout  the  ballot;  and  it  shall 
be  the  duty  of  the  Board  of  Supervisors  of  Elections  for 
Baltimore  city,  and  of  the  Board  of  Supervisors  of  Elec- 
tions for  each  county,  to  cause  all  ballots  to  be  used  by 
the  voters  of  said  city,  and  of  the  several  counties,  to  be 
printed  in  manner  and  form  as  aforesaid.  On  the  back 
and  outside  of  all  ballots  shall  be  printed  the  words, 
"Official  Ballot  For/'  followed  by  the  designation  of  the 
polling  place  for  which  it  is  prepared,  the  date  of  the 
election  and  a  fac-simile  of  the  signature  of  the  President 
of  the  Board  of  Supervisors  of  Elections,  by  whom  the 
ballots  have  been  prepared.  Said  ballot  shall  be  printed 
on  the  same  leaf  with  a  detachable  stub  or  coupon  one 
inch  high  and  three  inches  wide,  above  the  upper  right- 
hand  corner  of  the  ballot,  and  binding  on  the  upper  edge 
thereof,  but  separated  therefrom  by  a  line  running  along 
the  entire  width  of  said  coupon.  Upon  said  coupon  shall 
be  printed  the  words,  "Voter's  name,"  with  a  line  drawn 
thereunder  for  writing  said  name,  and  under  the  said 
line  the  words  "Number  of  Voter,"  followed  by  a  blank 
space  for  the  insertion  of  number.  Before  distribution 
said  ballots  shall  be  so  folded  in  marked  creases  that  no 
part  of  the  marks  or  printing  thereon,  excepting  that 
upon  the  back  and  outside,  and  that  upon  the  detachable 


51 

stub  or  coupon,  shall  be  visible,  and  so  that  the  folded 
ballot  shall  be  of  uniform  width  and  length,  and  of  proper 
width  to  be  deposited  in  the  ballot  boxes.  All  ballots 
when  printed  shall  be  folded  as  above  provided,  and 
fastened  together  in  convenient  numbers  in  packages, 
books  or  blocks,  so  that  each  ballot  may  be  detached  and 
removed  separately.  The  said  Boards  of  Supervisors  of 
Elections,  respectively,  shall  four  days  at  least  prior  to 
the  day  of  any  election  in  their  respective  counties  and 
in  said  city,  cause  to  be  conspicuously  and  securely  posted 
in  one  or  more  public  places  in  each  voting  precinct  of 
their  respective  counties,  or  of  said  city,  accurate  sample 
copies  of  the  ballots  to  be  used  in  such  district  or  pre- 
cinct, at  the  then  approaching  election;  such  sample 
copies  shall  be  printed  on  light  cardboard  or  heavy-sized 
paper  of  considerably  magnified  dimensions,  and  one  of 
them  at  least  shall  be  placed  upon  the  exterior  of  each 
building  in  which  the  polls  will  be  held,  so  that  the  same 
can  be  readily  seen  and  examined  by  persons  passing  on 
the  street  or  road. 

58.  The  Supervisors  of  Elections  shall  provide  for 
each  election  precinct  in  the  several  counties  and  in  the 
city  of  Baltimore,  two  packages,  each  containing  one 
hundred  ballots  for  every  one  hundred  or  fraction  of  one 
hundred  voters  shown  by  the  last  preceding  registration 
in  said  precinct,  and  shall  cause  each  package  to  be 
sealed  and  clearly  marked  on  the  outside  of  its  wrapper 
with  the  name  of  the  precinct,  or  polling  place,  for  which 
it  is  intended  and  the  number  of  ballots  enclosed.  One 
of  said  two  packages  shall  be  delivered  to  the  judges  of 
election  with  the  ballot-boxes,  poll-books,  blanks  and 
stationery,  as  provided  in  section  59  of  this  Article,  and 
the  other  package  of  the  tickets,  one  for  every  precinct, 
shall  be  delivered  by  the  said  Board  of  Supervisors  of 
Elections,  a  sufficient  time  before  the  election,  to  the 
sheriffs  of  their  respective  counties  or  to  the  board  of 
police  commissioners  of  Baltimore  city,  as  the  case  may 
be,  and  it  shall  be  the  duty  of  the  said  sheriff  sand  board 
of  police  commissioners  to  have  them  on  the  day  of  elec- 
tion within  said  polling  places,  respectively  in  their 
charge,  or  that  of  an  officer  designated  by  them,  and  to 
supply  them  to  any  judges  of  election,  who  shall  then 
make  requisition  therefor  in  writing,  stating  their  first 


52 

supply  of  ballots  has  been  exhausted  or  that  for  any 
cause  the  second  set  is  needed.  Said  sheriffs  and  board 
of  police  commissioners  shall  receipt  for  the  same,  and 
keep  a  record  of  all  such  second  sets  of  ballots  so  deliv- 
ered by  them  to  the  judges  of  election,  and  they  shall, 
on  the  day  after  election,  return  all  packages  not  so  de- 
livered to  their  respective  Boards  of  Supervisors  of  Elec- 
tions, who  shall  cause  them  to  be  destroyed  within  ten 
days  thereafter,  unless  the  destruction  thereof  be  stayed 
by  order  of  court  pending  a  contest.  The  several  Boards 
of  Supervisors  shall  keep  a  record  of  the  number  of  all 
ballots  printed  for  each  polling  place  in  their  respective 
counties  or  city,  and  shall  preserve  the  same  for  at  least 
six  months  after  the  election  for  which  it  was  made. 

ACTS  OF  1901,  CHAPTER  2. 

59.  The  Supervisors  of  Elections  of  Baltimore  city  shall 
deliver  to  the  Board  of  Police  Commissioners  of  Baltimore 
city,  not  more  than  three  days,  and  not  less  than  one  day, 
preceding  the  election,  the  two  registers  of  every  pre- 
cinct of  said  city,  together  with  the  cards  of  instruction 
and  ballot-box  therefor,  the  latter  being  locked,  with  the 
key  in  the  lock,  and  containing  one  of  the  sealed  pack- 
ages of  ballots  for  said  precinct,  the  specimen  ballots, 
the  two  poll-books,  and  all  blanks,  indelible  pencils  and 
stationery  required  for  such  election.  And  the  said  Board 
of  Police  Commissioners  shall  receipt  therefor,  and  shall 
deliver  or  cause  the  same  to  be  delivered  to  the  judges 
of  election  of  the  respective  precincts  at  or  before  the 
opening  of  the  polls  on  the  day  of  election.  Said  Boards 
of  Supervisors  shall  keep  a  record  of  the  time  when  such 
deliveries  are  made  by  them  and  of  the  particulars 
thereof. 

The  Supervisors  of  Elections  of  the  several  counties 
shall  not  more  than  three  days  prior  to  every  election, 
and  not  less  than  one,  make  up  into  sealed  packages  for 
each  precinct  the  two  registers  for  said  precinct,  together 
with  the  cards  of  instruction  and  the  key  of  the  ballot- 
box  for  such  precinct,  having  first  placed  in  the  ballot- 
box  one  of  the  sealed  packages  of  ballots  for  said  pre- 
cincts, the  specimen  ballots,  the  two  poll-books,  and  all 
blanks,  indelible  pencils  and  stationery  required  for  such 
elections,  and  shall  deliver  or  cause  the  same  to  be  de- 


53 

livered  to  the  judges  of  election  of  the  respective  pre- 
cincts at  or  before  the  end  of  the  day  preceding  the  day 
of  election. 

Said  Boards  of  Supervisors  of  Elections  of  the  several 
counties  shall  also  at  the  same  time,  that  is  to  say,  at  or 
before  the  end  of  the  day  preceding  the  day  of  election, 
deliver  to  the  judges  of  election  of  the  several  precincts 
or  districts  the  other  sealed  package  of  tickets  mentioned 
in  section  58  said  Board  of  Supervisors  of  Elections  shall 
in  like  manner  keep  a  record  of  the  time  when  such  de- 
liveries are  made  by  them,  and  of  the  particulars  there- 
of. Said  several  Boards  of  Supervisors  in  the  counties 
are  hereby  respectively  authorized  and  directed  to  make 
adequate  provision  for  the  performance  of  the  duty  im- 
posed upon  them  by  this  section,  and  the  County  Com- 
missioners of  the  several  counties  shall  pay  the  expenses 
incurred  in  the  performance  thereof. 

Should' said  Boards  of  Supervisors  fail  or  neglect  to 
make  the  delivery  by  the  time  prescribed  by  this  section, 
it  shall  be  the  duty  of  the  judge,  designated  beforehand 
by  the  supervisors,  to  take  charge  of  the  ballot-box,  as 
provided  in  section  75  of  this  Article,  to  immediately 
send  to  the  supervisors  therefor,  and  to  obtain  the  same 
as  soon  as  practicable,  in  order  that  the  election  may  be 
duly  held,  the  cost  hereby  incurred  to  be  paid  by  the 
County  Commissioners  as  a  part  of  the  election  expen- 
ses. For  failure  or  neglect  on  the  part  of  the  Supervi- 
sors of  Elections,  the  Board  of  Police  Commissioners,  or 
any  person  employed  by  them  respectively,  in  the  dis- 
charge of  the  duties  required  of  them  by  this  section,  or 
said  judges,  or  any  person  employed  by  them  to  perform 
the  duties  imposed  upon  them  respectively,  by  this  sec- 
tion, they  shall  respectively  be  subject  to  indictment  for 
a  misdemeanor,  and  upon  conviction  thereof,  shall  be 
subject  to  the  penalties  prescribed  by  section  94  of  this 
Article. 

60.  The  judges  of  elections,  and  each  of  them,  shall 
have  authority  to  keep  the  peace,  and  to  cause  any  per- 
son to  be  arrested  for  any  breach  of  the  peace,  or  for  any 
breach  of  the  election  laws,  or  any  interference  with  the 
progress  of  an  election,  or  of  the  canvass  of  the  ballots; 
and  it  shall  be  the  duty  of  all  officers  of  the  law  present 


54 

to  obey  the  order  of  any  judge  of  election,  and  an  officer 
making  an  arrest  by  the  direction  of  any  judge,  shall  be 
protected  in  so  doing  as  fully  as  if  a  warrant  had  been 
issued  to  him  to  make  such  arrest. 

61.  The  polling  places  shall  be  opened  by  the  judges  at 
six  o'clock  in  the  morning  in  the  city  of  Baltimore,  and 
at  eight  o'clock  in  the  morning  in  the  counties,  and  in 
said  city  shall  be  kept  open  until  five  o'clock,  and  in  the 
counties  until  six  o'clock,  in  the  afternoon  of  the  same 
day,  at  which  time  the  polls  shall  be  closed.  If  any  judge 
or  clerk  shall  not  be  present  at  the  expiration  of  fifteen 
minutes  after  the  time  for  opening  the  polls,  the  judge 
or  judges  present  shall  fill  the  place  of  such  absent  judge 
or  clerk  by  appointing  in  his  stead  a  person  of  the  same 
political  party  as  the  absentee.     One  of  the  judges  shall 
administer  to  such  substitute  the  oath  required  of  the 
judge  or  clerk  originally  appointed.    After  the  opening 
of  the  polls  no  judge  or  clerk  shall  absent  himself  there- 
from until  all  the  ballots  cast  shall  have  been  counted 
and  the  returns  completed.    If,  in  case  of  absolute  neces- 
sity, any  judge  or  clerk  in  attendance  shall  be  compelled 
to  absent  himself,  he  shall  appoint  some  fit  person  of  the 
same  political  party  with  himself  to  act  in  his  stead  until 
his  return,  having  first  administered  to  such  substitute 
the  same  oath  as  he  himself  has  taken.     Blank  forms  for 
the  appointment  of  substitute  judges  and  clerks  and  of 
the  oath  aforesaid  shall  be  supplied  by  the  supervisors, 
and  the  oath,  when  administered,  shall  be  preserved  and 
returned  by  the  judges  to  the  supervisors.     The  appoint- 
ment and  swearing  in  of  all  such  substitutes  and  the  rea- 
son therefor,  and  the  time  when  such  substitutes  began 
and  ceased  to  serve,  shall  be  noted  by  the  judges  in  the 
poll-book  of  the  precinct;  such  substitute  shall  cease  to 
act  whenever  the  judge  or  clerk  in  whose  stead  he  was 
appointed  shall  be  present. 

62.  Each  political  party  or  other  body  of  voters  having 
a  candidate  or  candidates  duly  nominated,  shall  have  the 
right  to  designate  and  keep  a  challenger  and  watcher  at 
each  place  of  registration  and  election,  who  shall  be  as- 
signed to  such  positions  near  the  judges  of  elections,  in- 
side the  registration  or  polling-room  as  to  enable  them  to 
see  each  person  as  he  offers  to  register  or  vote,  and  they 
shall  be  protected  in  the  discharge  of  their  duty  by  the 


55 

udges  of  election  and  the  police.  A  certificate  signed 
iy  the  candidates  or  by  the  presiding  officer  of  the  chief 
managing  committee  of  their  party  in  the  city  or  county, 
shall  be  sufficient  evidence  of  the  right  of  such  challen- 
ger and  watcher  to  be  present  in  the  registration  or  poll- 
ing-room. In  case  any  challenger  or  watcher  does  not 
produce  such  certificate,  the  judges  of  election  shall 
recognize  a  challenger  or  watcher  vouched  for  by  the 
persons  present  belonging  to  such  political  party  or  by 
the  judge  representing  such  party.  Such  challenger  and 
watcher  shall  have  the  right  to  remain  in  the  polling- 
room,  outside  the  rail  hereinafter  mentioned,  from  the 
time  the  polls  are  opened  until  they  are  closed,  and  after 
that  time  he  shall  be  permitted  to  remain  within  the  rail 
until  the  returns  are  completed.  The  refusal  to  permit 
any  such  challenger  so  to  remain  shall  be  a  misdemeanor, 
punishable  by  a  fine  not  exceeding  one  thousand  dollars, 
or  by  imprisonment  not  exceeding  one  year  or  by  both 
fine  and  imprisonment;  but  it  shall  be  unlawful  for  any 
such  challenger  to  inquire  or  ascertain  for  what  candi- 
date or  candidates  any  voter  may  intend  to  vote  or  has 
voted,  or  to  confer  in  the  polling-room  with  any  voter, 
or  to  assist  him  in  the  preparation  of  his  ballot,  and  any 
challenger  offering  or  attempting  to  do  so  may  lawfully 
be  ejected  by  the  judges,  and  shall  also  be  subject  to  the 
punishment  hereinafter  provided.  A  challenger  or 
watcher  may  be  removed  at  any  time  by  the  same  per- 
son or  committee,  or  by  the  chairman  of  the  committee 
which  appointed  him.  Citizens,  other  than  accredited 
challengers  or  watchers,  who  desire  to  challenge  the  vote 
of  any  person  then  inside  the  polling-room,  shall  be  per- 
mitted to  enter  said  room  for  that  purpose,  but  a  major- 
ity of  the  judges  may  limit  the  number  of  persons  to  be 
allowed  in  the  polling-room  at  any  one  time  for  such 
purpose,  and  all  such  persons  shall  leave  the  polling- 
room  as  soon  as  the  right  to  vote  of  the  person  chal- 
lenged by  them  shall  have  been  decided. 

63.  Each  clerk  of  election  shall  keep  a  poll-book  con- 
taining a  column  headed  "Number,"  and  another  headed 
"Name  of  Voter."  All  entries  therein  shall  be  made  in 
ink,  and  the  number  and  name  of  each  person  to  whom 
a  ballot  is  given  shall  be  entered  on  each  of  the  poll- 
books  by  the  clerk  having  charge  thereof  in  regular  sue- 


56 

cession  under  the  proper  heading,  the  number  of  such 
voter  being  placed  opposite  his  name  in  the  column 
headed  "Number,"  but  if  the  vote  of  any  person  whose 
name  has  thus  been  entered  on  poll-books  shall  be  after- 
wards rejected  by  the  judges,  the  clerks  shall  thereupon 
draw  a  line  through  his  name  and  number,  as  hereinafter 
provided. 

64.  The  Supervisors  of  Elections  shall  provide  in  each 
room  designated  by  them  as  polling  places  a  sufficient 
number  of  voting  booths  or  compartments,  in  which 
voters  may  conveniently  mark  their  ballots.  Said  booths 
or  compartments  shall  be  constructed  of  plank  not  less 
than  one  inch  in  thickness,  and  shall  be  of  such  width, 
depth  and  height  that  the  voter,  in  making  his  ballot 
therein,  shall  be  screened  from  the  observations  of  others, 
and  for  this  purpose  a  short  curtain  shall  be  hung  across 
the  front  of  each  compartment  at  a  convenient  height,and 
so  as  to  extend  a  little  below  the  shelf  hereinafter  men- 
tioned. Each  compartment  shall  have  a  shelf  within 
the  same,  and  shall  be  provided  with  proper  supplies  and 
conveniences  for  marking  the  ballots,  and  a  guard-rail 
shall  be  constructed  in  said  polling  place  so  as  to  divide 
the  space  occupied  by  the  judges  of  election  and  other 
officials  and  persons  permitted  by  law  to  be  within  the 
same  from  the  public;  said  guard-rail  shall  have  an  en- 
trance and  exit  therein,  and  shall  also  be  so  constructed 
and  placed  that  only  persons  who  are  inside  said  rail  can 
approach  within  five  feet  of  the  ballot-boxes.  The  ar- 
rangements of  such  polling  places  shall  be  such  that 
neither  the  ballot-boxes  nor  the  voting  booths  or  com- 
partments shall  be  hidden  from  view  of  those  just  out- 
side of  said  guard-rail.  The  number  of  such  compart- 
ments shall  not  be  less  than  one  for  every  one  hundred 
voters  qualified  to  vote  at  such  polling  place,  and  not  less 
than  five  in  any  city,  and  not  less  than  three  in  any  poll- 
ing place  in  any  county.  No  person  other  than  voters 
engaged  in  preparing  or  depositing  their  ballots  and  the 
election  officers  shall  be  permitted  to  be  within  said  rail, 
unless  by  authority  of  the  judges  of  election,  for  the 
purpose  of  keeping  order  and  enforcing  the  law.  The 
ballot-box  shall  be  within  said  rail  not  more  than  six 
•  feet  therefrom.  The  expense  of  providing  such  booths 
or  compartments  and  guard-rail  shall  be  a  public  charge, 


57 

and  the  same,  after  the  election  is  over,  shall  be  pre- 
served by  the  Supervisors  of  Elections  for  subsequent 
use. 

65.  As  soon  as  the  polls  are  opened  and  immediately 
before  any  ballots  are  received  by  the  judges,  they  shall 
open  every  ballot-box  used  or  to  be  used,  and  having 
taken  therefrom  the  poll-books,  ballots  and  all  the  blanks 
and  stationery  provided  by  the  Supervisors  of  Elections, 
they  shall  permit  all  persons  rightfully  present  to  ex- 
amine such  ballot-boxes,  and  every  part  thereof,  so  that 
they  may  be  satisfied  as  to  the  structure  thereof,  and 
that  such  ballot-box  is  empty.     The  ballot-box  shall  then 
be  locked  and  the  key  delivered  to  one  of  the  judges,  and 
shall  not  again  be  opened  until  the  closing  of  the  polls; 
and  until  such  closing  each  ballot-box  shall  be  kept  con- 
stantly in  sight  of  all  persons  entitled  to  be  present,  and 
shall  be  so  placed  that  the  voter  offering  his  ballot  and 
the  judges  and  clerks  and  all  persons  entitled  to  be 
present  may  conveniently  see  every  ballot  deposited 
therein.     The  sealed  package  of  ballots  shall  not  be 
opened  until  after  the  ballot-box  shall  have  been  so  ex- 
amined, closed  and  locked  by  the  judges. 

66.  At  every  election  each  qualified  voter  shall  be  en- 
titled to  receive  one  official  ballot.     The  person  applying 
therefor  to  the  judge  of  election  holding  the  ballots  shall 
give  his  name  and  residence,  and  the  said  judge  shall  re- 
peat the  same  in  a  loud  and  distinct  voice;  and  if  such 
name  be  found  upon  the  register  by  the  judges  having 
the  custody  thereof,  they  shall  repeat  the  said  name,  and 
the  yoter  shall  be  allowed  to  enter  the  space  enclosed  by 
the  guard-rail,  and  the  judge  holding  the  ballots,  having 
first  written  in  ink  the  voter's  name  and  number  upon 
the  coupon  attached  to  one  of  them,  shall  deliver  said 
ballot  to  the  voter  after  having  likewise  written  in  ink  his 
own  name  or  initials  upon  the  back  thereof,  and  the  two 
clerks  of  election  shall  at  the  same  time  enter  the  name 
of  the  voter  upon  their  poll  books.     Upon  receipt  of  his 
ballot  the  voter  shall  forthwith,  and  without  leaving  the 
enclosed  space,  retire  alone  to  one  of  the  booths  or  com- 
partments and  prepare  his  ballot  by  marking  with  an  in- 
delible pencil  after  the  name  of  every  person  or  persons 
for  whom  he  intends  to  vote  and  to  the  right  thereof,  in 


58 

the  blank  space  provided  therefor,  a  cross— for  example 
(X)— and  in  case  of  a  question  submitted  to  a  vote  of  the 
people  by  marking  likewise  in  the  appropriate  space  a 
cross-mark  (X)  against  the  answer  which  he  desires  to 
give.  Not  more  than  one  voter  shall  be  permitted  to 
occupy  any  one  booth  or  compartment  at  one  time,  and 
no  voter  shall  remain  in  or  occupy  a  booth  longer  than 
may  be  necessary  to  prepare  his  ballot,  and  in  no  event 
longer  than  seven  minutes  in  case  all  such  booths  or 
compartments  are  in  use,  and  other  voters  are  waiting 
to  occupy  the  same.  Before  leaving  the  voting  booth  or 
compartment  the  voter  shall  fold  his  ballot  without  dis- 
playing the  marks  thereon,  and  in  the  same  way  it  was 
folded  when  received  by  him,  and  he  shall  keep  the  same 
so  folded  until  he  has  voted,  and  so  that  the  signature 
or  initials  of  the  judge  from  whom  he  received  it,  and 
the  name  and  number  written  on  the  coupon  thereof, 
but  nothing  else  thereon  may  be  seen.  He  shall  forth- 
with hand  his  said  ballot  to  the  judge  at  the  ballot-box 
and  shall  give  his  name  and  residence,  and  upon  his  be- 
ing identified  as  the  person  who  received  said  ballot,  the 
judge  shall  deposit  his  ballot  in  the  box,  having  first  de- 
tached therefrom  its  coupon,  which  he  shall  then  string 
upon  a  cord  or  wire  to  be  provided  for  the  purpose,  and 
the  said  voter  shall  forthwith  leave  the  enclosed  space. 
The  judges  having  charge  of  the  registers  shall  then  in 
the  column  therein  headed  " Voted"  in  the  same  line 
with  the  name  of  the  voter  mark  the  word  "Voted"  or 
the  letter  "V."  No  ballot  without  the  indorsement  of 
the  nams  or  initials  of  the  judges  thereon  as  hereinbe- 
fore provided,  shall  be  deposited  in  said  ballot-box,  but 
•if  deposited  shall  be  counted  for  the  purpose  of  ascer- 
taining the  number  thereof,  and  the  judges  shall  in  ink 
mark  on  the  back  thereof  the  word  "Counted,"  and  in- 
dorse their  names. 

67.  Assistance  in  marking  their  ballots  shall  be  given 
to  voters  who  shall  declare,  under  oath,  to  the  judges  of 
election  that  by  reason  of  blindness  or  physical  disability 
they  are  unable  without  assistance  to  mark  their  ballot. 
Upon  making  and  filing  with  the  judges  such  affidavit 
the  voter  shall  retire  to  one  of  the  booths  with  the  two 
clerks,  and  then  and  there  one  of  said  clerks  in  the  pres- 
ence of  the  other,  shall  mark  the  ballot  as  such  voter 


59 

shall  direct,  the  voter  himself  naming  one  by  one  the 
candidates  for  whom  he  desires  his  ballot  to  be  marked 
and  not  indicating  the  candidates  by  a  general  designa- 
tion as  the  candidates  of  any  one  political  party.  The 
ballots  shall  not  be  read  to  such  voter,  nor  shall  any  sug- 
gestion of  any  kind  be  made  by  either  of  said  two  clerks 
to  show  him  as  to  how;  his  ballot  is  to  be  marked,  but  the 
only  assistance  which  it  shall  be  lawful  for  the  clerks  to 
give  him  is  to  mark  the  ballot  as  he,  without  prompting 
or  suggestion  from  them,  or  either  of  them  shall  direct, 
but  no  ballot  shall  be  marked  under  this  section  until  a 
majority  of  the  judges  of  election  shall  be  satisfied  of  the 
truth  of  the  fact  stated  in  such  affidavit.  Voters  who 
are  not  disabled  by  blindness  or  physical  injury  from 
marking  their  ballots  shall  not  be  entitled  to  receive  as- 
sistance in  marking  them.  And  with  the  exception  in 
favor  of  persons  blind  or  incapable  from  physical  injury 
of  marking  their  ballots  without  assistance,  no  distinction 
or  discrimination  in  'the  matter  of  assistance  in  marking 
ballots  shall  be  made  for  or  against  any  duly  registered 
voter  for  any  cause  whatever. 

68.  Any  voter  who  shall,  by  accident  or  mistake,  spoil 
his  ballot  so  that  he  cannot  conveniently  vote  the  same, 
may,  on  returning  said  spoiled  ballot  to  the  judge  hold- 
ing the  ballots,  receive  another  in  place  of  it,  with  his 
name  and  the  same  number  written  on  the  coupon  thereof, 
as  on  the  ballot  so  returned,  but  no  voter  shall  receive 
more  than  three  ballots  from  said  judge  for  the  reason 
aforesaid.  The  ballots  thus  returned  shall  be  immedi- 
ately cancelled  by  endorsing  thereon  the  word  "spoiled/* 
and,  together  with  those  not  distributed  to  the  voters, 
shall  be  preserved  and  returned  to  the  Supervisors  of 
Elections,  as  hereinafter  provided.  Every  voter  who 
does  not  vote  any  ballot  delivered  to  him,  shall,  before 
leaving  the  polling  place,  return  such  ballot  to  the  judge 
from  whom  he  received  it,  and  said  returned  ballot  shall 
be  retained  as  if  said  ballot  had  been  spoiled.  When 
anyone  claiming  to  be  a  person  whose  name  appears  upon 
the  registers,  shall  make  application  for  a  ballot,  his 
right  to  vote  at  that  election  may  be  challenged  but  shall 
not  be  determined  until  after  he  has  marked  his  ballot 
and  delivered  it  to  the  judge  at  the  ballot-box.  The  per- 
son challenging  shall  assign  his  reason  therefor,  and  one 


60 

of  the  judges  shall  thereupon  administer  to  the  person 
offering  to  vote  an  oath  to  make  true  answers  to  ques- 
tions, and  if  he  shall  take  said  oath,  he  shall  be  ques- 
tioned by  the  judge  or  judges  touching  said  cause  of 
challenge,  and  he  may  also  be  questioned  by  the  person 
challenging  him  in  regard  thereto,  and  if  a  majority  of 
the  judges  are  of  opinion  that  he  is  the  person  so  regis- 
tered, his  vote  shall  be  received  accordingly.  No  one 
who  is  not  registered  as  a  qualified  voter  of  the  precinct 
shall  be  entitled  to  vote  or  to  receive  a  ballot,  but  no  vote 
shall  be  rejected  because  of  an  error  in  the  spelling  of  a 
voter's  name  or  because  of  the  wrongful  ommission  or 
addition  of  one  or  more  initials  of  his  middle  name  or 
names,  or  because  the  voter  gives  the  initials,  one  or 
more  of  his  Christian  or  given  names  instead  of  his  full 
name,  or  one  or  more  of  his  Christian  or  given  name  or 
names,  instead  of  the  initial  or  initials  thereof,  or  be- 
cause of  an  error  in  the  number  of  his  residence  on  the 
register,  provided  a  majority  of  the  judges  are  satisfied 
that  the  person  offering  to  vote  is  the  identical  person 
who  is  registered,  and  that  he  intended  to  register  his 
true  name  and  residence.  Unless  a  majority  of  the 
judges  are  of  the  opinion  that  the  person  so  challenged 
is  entitled  to  vote,  the  judge  at  the  ballot-box  shall  en- 
dorse upon  his  ballot  the  word  "rejected,"  and  return 
the  same,  still  folded,  and  with  its  coupon  attached, 
to  the  judge  holding  the  ballots  and  the  clerks  of  elec- 
tion shall  draw  a  line  through  the  name  and  number 
of  said  persons  as  entered  on  their  poll-books,  and 
write  thereafter  the  work  "rejected/'  or  if  for  any 
other  reason  a  person  who  has  received  a  ballot 
shall  leave  the  polling  place  without  voting,  they 
shall  likewise  draw  a  line  through  his  name  and  number 
on  the  poll-books,  and  write  thereafter  the  words  "did 
not  vote."  All  ballots  returned  to  the  judge  holding  the 
ballots  shall  immediately  be  strung  by  4him  upon  a  cord 
or  wire,  provided  for  the  purpose,  still'folded,  and  with 
the  coupons  still  attached,  and  each  endorsed  upon  the 
back  thereof  with  the  words  "spoiled,''  or  "rejected,"  or 
"not  voted,"  as  the  case  may  be,  and  all  such  ballots 
shall  be  returned  to  the  Supervisors  of  Elections,  as 
hereinafter  provided. 


61 
CHAPTER  544,   ACTS  1906. 

69.  As  soon  as  the  election  polls  shall  have  been  closed, 
the  judges  in  their  several  precincts  shall  immediately, 
and  at  the  place  of  polling,  proceed,  as  hereinbefore  pro- 
vided, to  canvass  the  votes  cast,  having  first  sealed  up 
the  unused  ballots  remaining  of  the  package  last  broken 
by  them  and  endorse  the  same  with  their  signatures  as 
unused  ballots.  The  canvass  shall  not  ba  adjourned  nor 
postponed  until  it  shall  have  been  fully  completed,  or 
until  the  several  statements  and  tally-sheets  hereinafter 
required  to  be  made  by  the  judges  and  clerks  shall  have 
been  made  out,  signed  and  sealed  by  them.  The  judges 
shall  have  the  right  to  station  police  officers  or  officers 
of  the  peacewithin  the  room  wherein  such  canvass  is 
made,  in  order  to  keep  the  peace.  The  challengers  and 
watchers  shall  be  allowed  to  be  present  inside  the  guard- 
rail and  so  near  that  they  can  see  that  the  judges  and 
clerks  are  faithfully  performing  their  duties 

YO.  Immediately  after  the  closing  of  the  polls,  before 
the  ballot-box  is  opened,  all  the  coupons  taken  from  the 
ballots  cast  shall  be  destroyed,  and  each  of  the  election 
clerks  shall  write  his  name  in  each  of  the  poll-books,  im- 
mediately under  the  name  of  the  last  voter,  and  the 
judges  shall  write  in  ink  opposite  to  and  against  the 
name  of  each  person  entered  in  their  registers  who  is 
not  shown  by  said  registers  to  have  voted,  and  in  the  ap- 
propriate column  headed  "Voted"  the  word  "no,"  so  that 
the  said  column  may  be  wholly  filled  up,  and  the  judges 
shall  then  compare  the  registers  make  them  agree  and 
ascertain  the  number  of  persons,  who  by  said  registers, 
are  shown  to  have  voted  at  that  polling  place  on  that 
day,  and  when  they  have  made  comparison  and  ascer- 
tained such  facts,  they  shall  announce  the  same  in  a  loud 
voice. 

71.  The  judges  shall  then  open  the  ballot-box  and 
count  and  announce  the  whole  number  of  ballots  in  the 
box.  They  shall  reject  any  ballots  which  are  deceitfully 
folded  together  and  any  ballots  which  do  not  have  en- 
dorsed thereon  the  name  or  initials  of  the  judge  who 
held  the  ballots.  If  the  voter  has  marked  more  names 
than  there  are  persons  to  be  elected  to  an  office,  or  if 
there  shall  be  any  mark  on  the  ballot  other  than  the 


62 

cross-mark  in  the  square  opposite  to  the  name  of  a  can- 
didate, or  other  than  the  name  or  names  of  any  candi- 
date written  by  the  voter  on  the  ballot  as  provided  in 
section  53,  his  ballot  shall  not  be  counted.  Ballots  not 
counted  for  such  defects  shall  be  marked  "Defective" 
on  the  back  thereof,  and  shall  be  wrapped  in  a  separate 
package  and  returned  to  the  ballot-box  as  hereinafter 
directed.  No  vote  shall  be  counted  for  any  candidate 
opposite  whose  name  no  cross-mark  shall  be  placed. 
They  shall  open  the  ballots  and  all  of  them  shall  be  can- 
vassed separately  by  one  of  the  judges  sitting  between 
two  other  judges  which  judge  shall  call  out  each  name 
and  the  office  for  which  it  is  designated  and  the  other 
judges  looking  at  the  ballot  at  the  same  time,  and  the 
clerks  making  tally  of  the  same.  When  all  the  ballots 
have  been  canvassed  in  this  manner,  the  election  clerks 
shall  compare  their  tallies  together  and  ascertain  the 
total  number  of  votes  received  by  each  candidate,  and 
when  they  agree  upon  the  numbers,  one  of  them  shall 
announce  in  a  loud  voice  to  the  judges  the  aggregate 
number  of  votes  received  by  each  candidate.  If  re- 
quested by  any  watcher  or  challenger  present  at  any 
canvass,  it  shall  be  the  duty  of  the  judges  and  each  of 
them  to  exhibit  to  such  watcher  or  challenger  any  ballot 
cast,  fully  opened  or  in  such  condition  and  manner  that 
he  may  fully  read  and  examine  the  same,  but  the  judges 
shall  not  allow  any  ballot  to  be  taken  from  their  hands. 
As  the  ballots  are  counted  they  shall  be  strung  upon  a 
strong  twine. 

72.  When  the  canvass  of  the  ballots  shall  have  been 
completed,  and  the  clerks  shall  have  announced  to  the 
judges  the  total  number  of  votes  received  by  each  candi- 
date, each  of  the  judges  of  election,  in  turn,  shall  then 
proclaim  in  a  loud  voice  the  total  number  of  votes  received 
by  each  Derson  voted  for  in  such  precinct  and  the  office 
for  which  he  is  designated,  and  the  number  of  votes  for 
and  the  number  of  votes  against  any  proposition  which 
shall  have  been  submitted  to  the  vote  of  the  people;  such 
proclamation  shall  be  prima  facie  evidence  of  the  result 
of  the  canvas  of  such  ballots.  In  the  city  of  Baltimore  the 
judges  shall,  immediately  after  such  proclamation,  deliver 
to  a  policeman  on  duty  at  the  polling  place  a  statement- 
subscribed  with  their  names,  which  shall  be  sealed  up 


63 

and  forthwith  conveyed  by  the  said  policeman  to  the  of- 
fice of  the  Board  of  Police  Commissioners,  whose  duty  it 
shall  be  to  file  and  preserve  the  same.  Such  statements 
shall  contain  the  total  number  of  votes  in  the  ballot-box 
and  the  number  of  votes  found  therein  for  each  and  every 
candidate,  and  any  person  applying  may  inspect  the  same. 

CHAPTER  544,  ACTS  OF  1906. 

73.  The  judges  shall  make  duplicate  statements  or  re- 
turns of  the  result  of  the  canvass,  each  of  which  shall,  if 
possible,  be  made  upon  a  single  sheet  of  paper  and  shall 
contain  a  caption  stating  the  day  on  which  and  the  num- 
ber of  the  election  precinct,  and  the  county  or  ward  of 
the  city  in  relation  to  which  said  statement  shall  be  made, 
and  the  time  of  opening  and  closing  the  polls  of  such  pre- 
cinct, and  showing  the  whole  number  of  votes  in  the  bal- 
lot-box, and  the  whole  number  of  votes  given  for  each 
person,  designating  the  office  for  which  they  were  given. 
Such  statement  shall  be  written  or  partly  written  and 
partly  printed  in  words  at  length,  and  in  case  a  propo- 
sition of  any  kind  has  been  submitted  to  a  vote  at  such 
election,  such  statements  shall  also  show  in  like  manner 
the  whole  number  of  votes  cast  for  or  against  such  pro- 
position, and  at  the  end  of  such  statement  shall  be  writ- 
ten a  certificate  that  the  same  is  correct  in  all  respects; 
which  certificate  and  each  sheet  of  paper  forming  a  part 
of  the  statement  shall  be  subscribed  by  the  judges  and 
clerks.  If  any  judge  or  clerk  shall  decline  to  sign  such 
return  he  shall  state  his  reason  therefor  in  writing  and  a 
copy  thereof,  signed  by  himself,  shall  ba  enclosed  with 
each  return.  Each  of  the  statements  shall  bs  enclosed 
in  an  envelope  which  shall  then  be  securely  sealed  with 
sealing  wax  or  other  adhessive  material,  and  each  of  the 
judges  and  clerks  shall  write  his  name  across  the  fold  of 
the  envelope.  One  of  the  envelopes  shall  ba  directed  to 
the  Clerk  of  the  Circuit  Court  of  th3  county  or  the 
Superior  Court  of  Baltimore  city,  as  the  case  may  be,  and 
one  to  the  County  Commissioners  or  to  the  Mayor  of  the 
city  of  Baltimore,  as  the  case  may  ba.  Each  set  of  tallies 
shall  also  be  signed  by  the  election  clerks  and  the  judges 
of  election,  and  each  shall  be  enclosed  in  an  envelope  se- 
curely signed  and  sealed  as  aforesaid,  one  of  which  shall 
be  addressed  to  the  Board  of  Supervisors  of  Elections  and 


64 

the  other  to  the  Register  of  Wills.  If  any  judge  or  clerk 
shall  decline  to  sign  said  set  of  tallies,  or  either  of  them, 
he  shall  state  his  reason  therefor  in  writing  and  a  copy 
thereof,  signed  by  himself,  shall  be  enclosed  with  each 
tally  sheet.  On  the  outside  of  every  envelope  shall  be 
endorsed  the  statement  that  it  contains  the  votes  cast  or 
the  tallies,  and  for  what  precinct,  ward,  city,  or  county. 

74.  The  "spoiled"  and  "not  voted"  ballots,  as  defined 
in  section  68,  shall  be  enclosed  in  a  package  to  themselves 
and  endorsed  "spoiled  and  not  voted;"  the  "rejected" 
and  "defective"  ballots,  as  defined  in  said  section,  and 
section  71,  shall  be  enclosed  in  a  package  to  themselves, 
and  endorsed  "rejected  and  defective."     The  poll-books 
and  the  ballots  cast  and  counted,  as  well  as  the  two  be- 
fore mentioned  packages  of  "spoiled,"  "not  voted,"  "re- 
jected" and  "defective"  ballots,  shall  be  placed  in  the 
ballot-box,  and  the  ballot-box  shall  then  be  locked  and 
the  key  removed,  whereupon  the  judges   of  elections 
shall  all   write   their    names  upon   a   strip    of    paper 
of  sufficient  length  for  the  following  purposes.     Said 
strip  of  paper  shall  then  be  pasted  over  the  keyhole 
of  said  ballot-box  and  over  the  slit  in  the  lid,  in  such 
manner  that  the  signature  shall  extend  across  the  place 
of  the  opening  of  the  lid,  and  so  that  when  the  box  is 
opened  it  will  tear  the  paper  and  destroy  the  signatures, 
and  so  that  when  the  key  is  inserted  in  the  keyhole  it 
will  tear  the  papez  so  pasted  over  the  keyhole.     Such 
paper  shall  be  securely  fastened  to  the  box  with  sealing 
wax  or  some  other  adhesive  material. 

75.  Thereupon,  in  Baltimore  city,  one  of  the  judges 
shall  take  charge  of  the  ballot-box  and  its  contents  so 
enclosed,  and  another  judge,  representing  the  opposite 
political  party,  shall  receive  and  hold  the  key  thereof, 
and  the  package  of  unused  ballots  sealed  up  by  said 
judges,  as  required  by  section  69;  each  of  the  two  judges 
who  do  not  have  charge  of  the  ballot-box  or  key,  shall 
take  into  his  possession  one  of  the  registers,  and  also  one 
of  the  statements  of  the  votes  cast,  sealed  up  in  its  en- 
velope as  aforesaid,  and  each  of  the  clerks  shall  take  one 
of  the  tally-sheets  sealed  up  in  an  envelope  as  aforesaid, 
and  the  meeting  of  said  judges  and  clerks  shall  then  be 
dissolved.     Before  12  o'clock  noon  of  the  day  after  such 


65 

election  in  Baltimore  city,  the  judge  having  possession 
of  the  ballot-box  shall  deliver  the  same,  with  the  con- 
tents aforesaid,  to  the  Board  of  Supervisors  of  Elections, 
with  the  seal  unbroken,  and  shall  take  a  receipt  therefor, 
and  within  the  same  period  of  time  the  judges,  having 
possession  of  the  key,  the  packages  of  unused  ballots  and 
of  the  registers  shall  deliver  the  same  to  the  said  Board 
of  Supervisors  and  take  a  receipt  therefor  ;  and  the  two 
judges  and  clerks  of  elections  in  the  City  of  Baltimore 
having  possession  of  the  statements  and  tallies  shall 
within  the  same  time  deliver  them  to  the  respective  offi- 
cers to  whom  they  are  addressed,  as  aforesaid,  and  when 
so  delivered,  each  of  said  judges  and  clerks  shall  take  a 
receipt  therefor.  No  judge  or  clerk  shall  receive  pay 
for  his  services  unless  he  produces  the  receipt  herein 
provided  for.  The  officers  to  whon  the  statements  and 
tallies  are  so  delivered  shall  securely  keep  the  same  with 
the  seals  unbroken.  In  the  counties  after  the  proceed- 
ings set  forth  in  the  preceding  section  in  each  precinct, 
one  of  the  judges  who  is  also  an  officer  of  registration, 
who  shall  be  designated  beforehand  by  the  Supervisors 
of  Elections,  shall  take  charge  of  the  ballot-box  and  its 
contents  so  enclosed,  and  the  other  judge,  who  is  also  an 
officer  of  registration,  shall  receive  and  hold  the  key 
thereof,  and  the  package  of  unused  ballots  sealed  up  by 
said  judges ;  each  of  said  two  judges  shall  take  into  his 
possession  one  of  the  registers,  and  also  one  of  the  state- 
ments of  the  votes  cast,  sealed  up  in  its  envelope  as  afore- 
said, and  also  one  of  the  tally  sheets  sealed  up  in  an  en- 
velope as  aforesaid,  and  the  meeting  of  the  judges  and 
clerks  shall  then  be  dissolved  ;  before  12  o'clock  noon  of 
the  second  day  after  said  election,  the  two  judges  so  hav- 
ing custody  thereof  shall  deliver  said  ballot-boxes,  keys, 
packages  of  unused  ballots,  registers,  statements  of  votes 
cast  and  tally  sheets  to  the  proper  officers  in  their  re- 
spective counties,  as  hereinbefore  prescribed  for  the  City 
of  Baltimore  and  shall  take  similar  receipts  for  the  same. 
It  shall  be  the  duty  of  the  Supervisors  of  Elections  in 
the  several  counties  and  in  said  city  to  attend  at  their 
respective  offices  on  the  days  named  for  the  purpose  of 
carrying  out  the  provisions  of  this  section. 

CHAPTER  544,  ACTS  OF  1906. 

76.  The  Board  of  Supervisors  of  Elections,  upon  re- 
3 


66 

ceiving  a  ballot-box  and  the  key  thereof,  shall  note  the 
conditions  of  the  seal  or  stamp  on  each  box,  and  make 
an  entry  of  the  facts  touching  the  same,  in  a  book  to  be 
kept  by  them,  together  with  the  name  of  the  officer  who 
delivered  the  box.  They  shall  deliver  all  the  ballot-boxes 
so  sealed,  as  aforesaid,  to  the  clerks  of  the  Circuit  Court 
for  their  respective  counties,  or  to  the  Board  of  Police 
Commissioners  of  Baltimore  city,  as  the  case  may  be, 
who  shall  put  them  in  a  secure  place  ro  which  the  public 
shall  in  no  case  have  access,  and  shall  safely  keep  them 
for  the  space  of  six  months  from  the  day  of  such  delivery, 
at  which  time,  unless  previously  notified  to  produce  the 
same  to  be  used  in  evidence  in  some  contested  election 
or  judicial  or  legislative  investigation  then  pending,  said 
Board  of  Supervisors  shall  destroy,  or  caused  to  be  des- 
troyed, said  ballots  and  poll-books,  also  all  of  the  said 
tallies  and  statements  or  returns,  and  shall  record  in  the 
same  book  a  certificate  of  the  fact. 

CHAPTER  544,  ACTS  OF  1906. 

77.  It  shall  be  the  duty  of  the  said  County  Commis- 
sioners, Clerks  of  Courts,  Mayor,  Register  of  Wills  and 
Supervisors  of  Elections,  respectively,  to  keep  safely, 
under  lock  and  key,  the  said  original  statements  or  re- 
turns and  tally-sheets  until  the  Board  of  Canvassers  for 
the  county  or  city,  as  the  case  may  be,  shall  have  assem- 
bled and  been  organized  according  to  law,  as  hereinafter 
provided;  whereupon  the  Clerks  of  Court,  County  Com- 
missioners, Mayor,  Register  of  Wills  and  Supervisors  of 
Elections,  shall  immediately  deliver  or  transmit  to  such 
Board  of  Canvassers  the  said  statements  or  returns  and 
tally-sheets  in  the  sealed  envelopes. 

78.  The  Supervisors  of  Elections  shall  constitute  a 
board  of  canvassers  for  their  county  or  city,  as  the  case 
may  be. 

79.  On  the  Thursday  next  following  every  election  be- 
tween the  hours  of  12  o'clock  noon  and  1  o'clock  in  the 
afternoon,  the  Board  of  County  Canvassers  shall  meet 
at  the  usual  place  for  holding  the  Circuit  Court  for  the 
county,  and  the  Board  of  Canvassers  for  Baltimore  city 
shall  meet  at  the  usual  place  for  holding  the  Superior 
Court,  and  shall  respectively,  elect  a  chairman  and  secre- 
tary from  their  number.     Each  member  of  the  board 


67 

shall  take  an  oath,  which  shall  be  administered  and  re- 
corded by  the  clerk  of  the  said  court,  to  truly  canvass, 
add  up  and  declare  the  votes  as  required  by  law.  At 
their  first  meeting  a  majority%of  the  whole  board  shall 
be  a  quorum.  If  a  majority  'shall  not  attend  on  the 
Thursday  aforesaid,  the  canvassers  present  shall  adjourn 
to  the  next  day,  when  they  shall  meet  again  between  the 
same  hours,  and  the  canvassers  then  attending,  although 
less  than  a  majority  of  the  whole  number,  shall  organize 
themselves  as  a  board  and  shall  perform  the  duties  re- 
quired by  law;  and  all  questions  arising  in  the  course  of 
their  proceedings  shall  be  determined  by  a  majority  of 
the  canvassers  so  attending.  All  the  sessions,  delibera- 
tions and  proceedings  of  the  board  shall  be  public,  and 
the  candidates  and  their  counsel  shall  have  the  right  to 
attend  and  to  inspect  the  original  statements  and  re- 
turns, and  all  other  documents  and  records. 

CHAPTER  544,  ACTS  OF  1906. 

80.  The  Board  of  Canvassers  shall,  upon  being  duly  or- 
ganized, open  all  the  original  statements  or  returns  and 
tally- sheets  delivered  or  transmitted  to  them,  and  shall 
canvass  and  add  up  the  votes  and  make  abstracts  or 
statements  thereof  in  the  following  manner,  as  the  case 
may  require,  namely:    All  votes  for  Governor  shall  be 
written  out  in  words  at  length  on  one  sheet,  and,  in  like 
manner,  all  votes  for  other  State  officers  on  another 
sheet;  all  votes  for  presidential  electors  on  another  sheet, 
all  votes  for  Representatives  in  Congress  on  another 
sheet;  all  votes  for  judges  of  courts  on  another  sheet; 
all  votes  for  the  Clerk  of  the  Court  of  Appeals  on  another 
sheet;  all  votes  for  Senators  and  Delegates  to  the  Gen- 
eral Assembly  on  another  sheet;  all  votes  for  county  or 
city  officers  on  another  sheet;  and  all  votes  for  any  other 
officers  on  a  separate  and  appropriate  sheet;  all  votes  for 
or  against  any  proposition  which  may  be  submitted  to  a 
vote  of  the  people  on  another  sheet. 

81.  The  said  Board  of  Canvassers  shall  then  transmit 
the  said  statements  made  by  them,  attested  by  the  sig- 
nature of  their  chairman  and  secretary,  to  the  Clerk  of 
the  Circuit  Court  for  the  county,  or  to  the  Clerk  of  the 
Superior  Court  of  Baltimore  city,  as  the  case  may  be, 
who  shall  enter  the  same  of  record.     In  case  of  all  elec- 


68 

tions  of  Presidential  Electors,  Representatives  in  Con- 
gress, Senators  and  Delegates  to  the  General  Assembly, 
and  of  other  State  officers,  except  Governor  or  State's 
Attorney,  the  said  clerk  shall  prepare  three  certified 
copies,  under  his  seal  of  office,  of  the  said  statements 
and  certificates.  Within  five  days  after  the  adjourn- 
ment of  the  Board  of  Canvassers,  the  said  clerk  shall  de- 
posit the  said  certified  copies  in  the  nearest  postoffice, 
addressed,  respectively,  to  the  Governor,  to  the  Secre- 
tary of  State  and  to  the  Treasurer.  The  statement  of 
the  votes  for  Governor,  after  being  recorded,  shall  be 
transmitted  by  the  clerk  to  the  Secretary  of  State,  as 
provided  in  the  Constitution.  The  said  clerk  shall  make 
out  and  deliver  to  each  person  having  the  highest  num- 
ber of  votes  for  the  several  county  and  city  offices  a  cer- 
tificate of  election  on  his  application.  The  said  canvass- 
ing board  shall  also  make  a  statement  of  the  whole 
number  of  votes  given  in  each  precinct  and  county  or 
city,  with  the  names  of  the  candidates  and  the  number 
of  votes  given  for  each,  in  tabular  form,  and  shall  cause 
a  copy  of  such  statements  to  be  forthwith  published  in 
one  or  more  of  the  newspapers  printed  in  the  county  or 
in  the  city  of  Baltimore;  provided,  such  official  statement 
be  so  published  without  charge. 

82.  In  the  canvass  of  votes  by  the  canvassing  board  for 
the  city  or  county  herein  provided,  said  board  shall,  un- 
less otherwise  provided  in  the  Constitution  of  this  State, 
declare  who  is  elected  to  any  city  or  county  office,  or  to 
any  office  voted  for  only  within  the  territory  of  such  city 
or  county. 

CHAPTER  544,  ACTS  OF  1906. 

83.  If,  upon  proceeding  to  canvass  the  votes,  it  shall 
clearly  appear  to  the  canvassing  board  for  the  city  or 
county  that  in  any  statement  or  tally  sheet  produced  to 
them  certain  matters  are  omitted  which  should  have  been 
inserted,  or  that  any  mistakes  exist,  they  shall  immedi- 
ately issue  a  subpoena  to  the  judges  and  clerks  who  made 
said  return  and  said  judges  and  clerks  shall  forthwith 
attend  and  shall  make  such  corrections  as  the  facts  of  the 
case  require,  but  such  changes  shall  not  alter  any  decision 
before  duly  made  by  them,  but  shall  cause  the  canvass 
to  be  correctly  stated,  and  the  said  board  of  canvassers 


69 

are  authorized  to  adjourn  from  day  to  day  for  the  pur- 
pose of  obtaining  and  receiving  such  corrected  state- 
ments; such  adjournment  not  to  extend  beyond  three 
days. 

84.  Whenever  it  shall  be  made  to  appear  by  affidavit 
that  errors  have  occurred  in  the  determination  of  the 
Board  of  Canvassers  of  any  county  or  city  in  the  State, 
the  Circuit  Court  of  the  county  or  the  Superior  Court  of 
Baltimore  city  may  by  order  require  said  board  to  correct 
such  errors  or  show  cause  why  such  corrections  should  not 
be  made;  and  in  the  event  of  the  failure  of  said  board  to 
make  such  corrections,  or  show  cause  aforesaid,  said  court 
may  compel  said  board  by  writ  of  mandamus  to  correct 
such  errors,  and  if  said  Board  of  Canvassers  shall  have 
made  its  determination  and  dissolved,  said  court  may  com- 
pel it  to  convene  for  the  purpose  of  making  such  correc- 
tions. For  the  purpose  of  making  such  corrections  as  the 
court  shall  order,  the  meeting  of  the  Board  of  Canvassers 
shall  be  deemed  a  continuation  of  its  regular  session,  and 
the  statements  and  certificates  shall  be  made  and  filed  as 
the  court  shall  direct,  and  so  far  as  the  same  shall  vary 
from  the  original  statements  and  certificates,  the  state- 
ments and  certificates  made  under  the  order  of  court  shall 
stand^in  lieu  thereof,  and  shall  in  all  cases  have  the  same 
effect  as  if  such  corrected  statements  had  been  a  part  of  the 
original  statement  required  by  law.     The  practice  in  said 
cases  shall  be  as  in  mandamus  proceedings,  and  the  court 
shall  determine  the  time  for  the  speedy  hearing  thereof, 
in  its  discretion  ;  and  for  the  purpose  of  service  of  papers 
and  other  proceedings  the  board  of  Canvassers,  as  or- 
ganized and  existing  at  the.  time  of  making  the  original 
canvass,  shall  be  deemed  a  continuing  board.   There  shall 
be  the  same  right  of  appeal  as  in  other  mandamus  cases, 
but  such  appeal  shall  be  taken  within  five  days  from  the 
date  of  the  decision  complained  of,  and  shall  be  heard 
and  decided  by  the  Court  of  Appeals  as  soon  after  the 
transmission  of  the  record  as  possible,  and  the  testimony 
taken  in  such  cases  shall  be  sent  up  to  the  Court  of  Ap- 
peals as  part  of  the  record. 

85.  The  Secretary  of  State,  Comptroller,  Treasurer, 
Clerk  of  the  Court  of  Appeals  and  Attorney  General  shall 
constitute  the  Board  of  State  Canvassers,  three  of  whom 


70 

shall  be  a  quorum.  The  Secretary  of  State  shall  appoint 
the  meeting  of  the  said  board,  to  be  held  at  his  office 
within  thirty  days  after  any  State  election  ;  if  a  majority 
do  not  attend,  those  present  shall  adjourn  until  the  next 
day,  at  which  time  they  shall  proceed,  without  further 
delay,  to  canvass  the  votes.  The  board,  when  thus  form- 
ed, shall  from  the  certified  copies  of  the  statements  made 
by  the  boards  of  city  and  county  canvassers,  proceed  to 
make  a  statement  of  the  whole  number  of  votes  given  at 
such  election  for  the  several  candidates  for  the  offices 
named  in  said  statements,  and  thereupon  proceed  to  de- 
termine and  declare  what  persons  have  been,  by  the  great- 
est number  of  votes,  elected  to  such  offices,  and  each  of 
them  ;  they  shall  make  and  subscribe  on  a  proper  state- 
ment a  certificate  of  such  determination,  and  shall  deliver 
the  same  to  the  Secretary  of  State.  If  any  one  of  the 
canvassers  shall  dissent  from  the  decision  of  the  board,  he 
shall  state  at  large  in  writing,  the  reasons  for  such  dissent, 
If  any  of  the  acts  or  proceedings  of  the  board  shall  ap- 
pear to  any  one  of  the  canvassers  to  be  illegal  or  irregu- 
lar, such  canvasser  shall  protest  against  the  same,  in 
writing,  setting  forth  distinctly  the  grounds  of  his  pro- 
test; the  canvasser  so  dissenting  or  protesting  shall  de- 
liver his  dissent  or  protest,  signed  with  his  proper  name, 
to  the  Secretary  of  State,  who  shall  file  the  same  in  his 
office,  and  he  shall  also  keep  on  file  in  his  office  the  copies 
of  the  statements  made  by  the  board  of  city  and  county 
canvassers.  The  board  shall  have  power  to  adjourn, 
from  day  to  day,  during  a  period  not  exceeding  five 
days. 

86.  The  Secretary  of  State  shall  record  in  his  office, 
in  a  book,  kept  by  him  for  that  purpose,  each  certified 
statement  and  determination  which  shall  be  delivered  to 
him  by  the  Board  of  State  Canvassers,  and  every  dissent 
or  protest  which  shall  have  been  delivered  to  him  by  a 
canvasser.  He  shall,  without  delay,  transmit  a  copy, 
under  seal  of  his  office,  of  such  certified  determination 
to  each  person  thereby  declared  to  be  elected,  and  a  like 
copy  to  the  Governor,  and  he  shall  cause  a  copy  of  such 
certified  statements  and  determinations  to  be  published 
in  one  newspaper  in  the  city  of  Annapolis  and  one  in 
the  city  of  Baltimore.  In  conformity  with  the  state- 
ments and  determinations  made  as  aforesaid  by  the 


71 

Board  of  State  Canvassers,  the  Governor  shall  issue 
commissions  to  the  different  persons  elected,  as  now 
provided  by  the  Constitution  and  laws  of  this  State. 

OFFENSES. 

87.  If  at  any  general  registration  of  voters  or  at  any 
meeting  of  a  Board  of  Registry  held  for  such  purpose  or 
for  revision  thereof,  as  provided  in  this  Article,  any  per- 
son shall  falsely  personate  a  voter  or  other  person,  and 
register  or  attempt  or  offer  to  register  in  the  name  of 
such  voter  or  other  person;  or  if  any  person  shall  regis- 
ter or  attempt  to  make  application  to  register  in  or  under 
the  name  of  any  other  person,  or  in  or  under  any  false, 
assumed  or  fictitious  name,  or  in  or  under  any  name  not 
his  own;  or  shall  register  in  two  election  precincts;  or, 
having  registered  in  one  precinct,  shall  attempt  or  offer  to 
register  in  another;  or  shall  fraudulently  register  or  at- 
tempt, or  off  erto  register  in  any  election  precinct,  not  hav- 
ing a  legal  right  to  register  therein;  or  shall  knowingly  or 
willfully  do  any  unlawful  act  to  secure  registration  for 
himself  or  any  other  person,  or  shall  knowingly,  willfully 
or  fraudulently,  by  false  personation  or  otherwise,  or  by 
any  unlawful  means  cause  or  procure,  or  attempt  to  cause 
or  procure  the  name  of  any  qualified  voter  in  any  election 
precinct  to  be  erased  or  stricken,  as  in  this  Article  pro- 
vided, from  any  registry  of  the  voters  of  such  precinct 
made  in  pursuance  of  this  Article  or  otherwise;  or  by 
force,  threat,  menace,  intimidation,  bribery,  reward  or 
offer  or  promise  thereof,  or  other  unlawful  means  pre- 
vent, hinder  or  delay  any  person  having  a  lawful  right 
to  register  or  be  registered  from  duly  exercising  such 
right;  or  shall  knowingly,  willfully  or  fraudulently  com- 

Eel  or  induce,  or  attempt  or  offer  to  compel  or  induce, 
y  such  means,  or  by  any  unlawful  means,  any  officer  of 
registration  in  any  election  precinct  to  register,  or  at- 
tempt to  register  any  person  not  lawfully  entitled  to 
registration  in  such  precinct;  or  to  register  any  false, 
assumed  or  fictitious  name,  or  any  name  of  any  person, 
except  as  provided  in  this  Article;  or  shall  knowingly, 
willfully  or  f raudently  interfere  with,  hinder  or  delay 
any  officer  of  registration  in  the  discharge  of  his  duties; 
or  counsel,  advise  or  induce,  or  attempt  to  induce  any 
such  officer  to  refuse  or  neglect  to  comply  with  or  per- 
form his  duties,  or  to  violate  any  law  prescribed  for 


72 

regulating  the  same;  or  shall  aid,  counsel,  procure  or 
advise  any  voter,  person  or  officer  of  registration  to  do 
any  act  by  law  forbidden,  or  in  this  Article  constituting 
an  offense,  or  to  omit  to  do  any  act  by  law  directed  to  be 
done,  every  such  person,  upon  conviction  thereof,  shall 
be  punished  by  imprisonment  in  jail  or  in  the  peniten- 
tiary for  not  less  than  six  months,  nor  more  than  five 
years. 

88.  If  at  any  election  hereafter  held  in  any  city  or  coun- 
ty, any  person  shall  falsely  personate  any  voter  or  other 
person  and  vote  or  attempt  or  offer  to  vote  in  or  upon  the 
name  of  such  voter  or  other  person,  or  shall  vote  or  at- 
tempt to  vote  in  or  upon  the  name  of  any  other  person, 
whether  living  or  dead,  or  in  or  upon  any  false,  assumed 
or  fictitious  name,  or  in  or  upon  any  name  not  his  own,  or 
shall  knowingly,  willfully  or  fraudulently  vote  more  than 
once  for  any  candidate  for  the  same  office,  except  as 
authorized  by  law;  or  shall  vote  or  attempt  or  offer  to 
vote  in  any  election  precinct  without  having  a  legal  right 
to  vote  therein;  or  shall  vote  more  than  once,  or  vote  in 
more  than  one  election  precinct;  or  having  once  voted, 
shall  vote  or  attempt  to  offer  to  vote  again;  or  shall  know- 
ingly, willfully  or  fraudulently  do  any  unlawful  act  to  se- 
cure for  himself  or  for  any  other  person  a  right  or  op- 
portunity to  vote;  or  shall  by  force,  threat,  menace,  in- 
timidation, bribery  or  reward,  or  offer  or  promise  thereof, 
or  otherwise  unlawfully,  either  directly  or  indirectly,  in- 
fluence or  attempt  to  influence  any  voter  in  giving  his 
vote;  or  prevent  or  hinder,  or  attempt  to  prevent  or 
hinder,  any  qualified  voter  from  freely  exercising  the 
right  of  suffrage;  or  by  any  such  means  induce,  or  at- 
tempt to  induce,  any  such  voter  to  exercise  any  such 
right ;  or  shall  by  any  such  means,  or  otherwise,  compel 
or  induce  or  attempt  to  compel  or  induce,  any  judge  or 
clerk  of  election  in  any  election  precinct  to  receive  the 
vote  of  any  such  person  not  legally  qualified  or  entitled 
to  vote  at  the  said  election  in  such  precinct ;  or  shall 
knowingly,  willfully  or  fradulently  interfere  with,  delay 
or  hinder  in  any  manner  any  judge  or  clerk  of  election 
.  in  the  discharge  of  his  duties  ;  or  by  any  such  means,  or 
other  unlawful  means,  knowingly,  willfully  or  fraudulent- 
ly counsel,  advise,  induce  or  attempt  to  induce  any  judge 
or  clerk  of  election  whose  duty  it  is  to  ascertain,  pro- 


73 

claim,  announce  or  declare  the  result  of  any  such  elec- 
tion to  give  or  make  any  false  certificate,  document,  re- 
port, return  or  other  false  evidence  in  relation  thereto; 
or  to  refuse  or  neglect  to  comply  with  his  duty,  or  to  vio- 
late any  law  regulating  the  same  ;  or  to  receive  the  vote 
of  any  person  in  any  election  district  not  entitled  to  vote 
therein  ;  or  to  refuse  to  receive  the  vote  of  any  person 
entitled  to  vote  therein  ;  or  shall  aid,  counsel,  advise, 
procure  or  assist  any  voter,  person  or  judge  of  election 
or  other  officer  of  election  to  do  any  act  by  law  forbidden, 
or  in  this  Article  constituted  an  offense  ;  or  to  omit  to 
do  any  act  by  law  directed  to  be  done  ;  every  such  per- 
son shall,  upon  conviction  thereof,  be  punished  by  im- 
prisonment in  jail  or  in  the  penitentiary  for  not  less  than 
six  months,  nor  more  than  five  years. 

ACTS  OF  1900,  CHAPTER  71. 

89.  At  every  election,  whether  national,  state  or  muni- 
cipal, hereafter  held  in  this  State,  every  employer, 
whether  a  body  corporate,  firm  or  individual,  shall  allow 
its  or  his  employee  or  employees  sufficient  time,  not  ex- 
ceeding four  hours,  within  which  to  vote  ;  provided,  that 
the  said  employer  shall  have  the  right  to  designate  the 
time  when  his  employee  or  employees  shall  exercise  the 
right  herein  granted,  the  employee  or  employees  to  be 
allowed  sufficient  time  not  exceeding  four  hours.  Any 
employer,  whether  a  body  corporate,  firm  or  individual, 
and  any  officer  or  agent  of  any  employer,  who  shall  re- 
fuse to  allow  its  or  his  employee  or  employees  sufficient 
time,  not  exceeding  four  hours  within  which  to  vote  or 
who  shall  directly  or  indirectly  prevent  or  hinder  its  or 
his  employee  or  employees  from  exercising  the  right 
herein  granted  by  any  f orm.  of  inducement  whatever,  or 
by  threats,  express  or  implied  that  the  exercise  by  said 
employee  or  employees  of  the  right  herein  granted  will 
be  followed  by  a  discharge  from  said  employment  or  by 
a  reduction  in  salary  or  wages,  or  who  shall  influence  or 
attempt  to  influence  its  or  his  employee  or  employees  not 
to  exercise  the  right  herein  granted  upon  any  pretext 
whatever  shall  ba  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  for  each  and  every  offense  pay 
a  fine  not  exceeding  the  sum  of  five  hundred  dollars  or 
be  imprisoned  in  jail  for  a  period  not  exceeding  six 
months,  or  both,  in  the  discretion  of  the  Court. 


74 

90.  If  any  clerk  of  election  or  any  person  performing- 
the  duties  of  such  clerk,  shall  willfully  keep  a  false  poll- 
list,  or  shall  knowingly  insert  in  his  poll-list  any  false 
statement,  or  any  name  or  statement,  or  any  check,  al- 
teration or  mark,  except  as  in  this  Article  provided,  he 
shall,  upon  conviction  thereof,  be  adjudged  guilty  of  a 
felony,  and  shall  be  punished  by  imprisonment  in  the 
penitentiary  for  not  less  than  one  nor  more  than  five 
years. 

91.  Every  judge  of  election  who  shall  willfully  exclude 
any  vote  duly  tendered,  knowing  that  the  person  offer- 
ing the  same  is  lawfully  entitled  to  vote  at  such  election, 
or  shall,  willfully  receive  a  vote  from  any  person  who 
has  been  duly  challenged  in  relation  to  his  right  to  vote 
at  such  election,  without  exacting  from  such  person  such 
oath  or  other  proof  of  qualification  as  may  be  required 
by  law;  or  shall  willfully  omit  to  challenge  any  person 
offering  to  vote  whom  he  knows  or  suspects  to  be  not 
entitled  to  vote,  and  who  has  not  been  challenged;  or 
shall  willfully  refuse  to  open  and  show  the  ballot-box  to 
be  empty  prior  to  the  opening  of  the  polls;  or  shall  per- 
mit any  barricade  or  obstruction  of  any  kind  to  be  in- 
terposed, so  that  all  who  desire  cannot  constantly  see 
such  ballot-box,  shall  upon  conviction  thereof,  be  pun- 
ished by  imprisonment  in  jail  or  in  the  penitentiary  for 
not  less  than  three  months,  nor  more  than  two  years. 

92.  Every  judge  or  clerk  of  election  or  other  officers 
or  person  who  shall  make,  sign,  publish  or  deliver  any 
false  tally  or  return  of  an  election,  or  any  false  certifi- 
cate or  statement  of  the  result  of  an  election,  knowing 
the  same  to  be  false,  or  who  shall  willfully  deface,  de- 
stroy or  conceal  any  statement,  tally  or  certificate  en- 
trusted to  his  care  and  custody,  shall,   on  conviction 
thereof,  be  adjudged  guilty  of  a  felony,  and  shall  be  pun- 
ished by  imprisonment  in  the  penitentiary  for  not  less 
than  one,  nor  more  than  ten  years. 

93.  If  any  person  other  than  a  judge  of  election  shall, 
at  any  election,  knowingly  and  willfully  put,  or  cause  to 
to  be  put  any  ballot  or  ballots,   or  other  paper  having 
the  semblance  thereof,  into  any  box  used  at  such  election 
for  the  reception  of  votes;  or  if  any  judge  of  election 
knowingly  or  willfully  cause  or  permit  any  ballot  or 


75 

ballots  to  be  in  said  box  at  the  opening  of  the  polls,  and 
before  the  voting  shall  have  begun;  or  shall  knowingly, 
willfully  or  fraudulently  put,  any  ballot  or  other  paper 
having  the  semblance  thereof,  into  any  such  box  at  any 
election,  unless  the  same  shall  be  offered  by  a  voter 
whose  name  shall  have  been  found  and  kept  upon  the 
registry  as  hereinbefore  provided,  or  who  shall  be  en- 
titled to  vote  under  this  Article;  or  if  any  judge  of  elec- 
tion or  other  officer  or  person  shall  fraudently  during 
the  canvass  of  ballots  in  any  manner  change,  substitute 
or  altar  any  ballot  taken  from  the  ballot-box  then  being 
canvassed,  or  from  any  ballot-box  which  has  not  been 
canvassed,  or  shall  remove  any  ballot  or  semblance  there- 
of from  or  add  any  ballot  or  semblance  thereof  to  the 
ballots  taken  from  the  ballot-box  then  being  canvassed, 
cr  from  any  ballot-box  which  has  not  been  canvassed, 
every  such  person  shall,  upon  conviction  thereof,  be  ad- 
judged guilty  of  a  felony,  and  shall  be  punished  by  im- 
prisonment in  the  penitentiary  for  not  less  than  one  nor 
more  than  five  years. 

94.  If  any  judge  or  clerk  of  election,  or  any  officer  of 
registration,  revision,  election  or  canvass  of  whom  any 
duty  is  required  in  this  Article,  or  by  any  other  election 
law  of  this  State,  shall  be  guilty  of  any  willful  neglect  of 
such  duty,  or  any  corrupt  or  fraudulent  conduct  or  prac- 
tice in  the  execution  of  the  same,  he  shall,  upon  convic- 
tion thereof,  be  punished  by  imprisonment  in  jail  for  not 
less  than  thirty  days  nor  more  than  three  years,  or  by 
a  fine  of  not  less  than  fifty  ($50)  dollars,  nor  more  than 
one  thousand  dollars  ($1,000)  or  by  both  such  fine  and 
imprisonment. 

95.  Every  judge  or  clerk  of  election  or  other  officer  or 
person  having  the  custody  of  any  record,  registry  of 
voters  or  copy  thereof,  oath,  return  or  statements  of 
votes,  certificate,  poll  list  or  any  papers,  documents,  bal- 
lots, coupons  or  vote  of  any  description  in  this  Article 
directed  to  be  made,  filed  or  preserved,  who  is  guilty  of 
concealing,  willfully  destroying,  mutilating,  defacing, 
falsifying  or  fraudulently  removing  or  secreting  the 
whole  or  any  part  thereof,  or  who  shall  fraudulently 
make  any  entry,  erasure  or  alteration  therein  except  as 
allowed  and  directed  by  the  provisions  of  this  Article, 
or  who  permits  any  other  person  to  do  so,  shall,  upon 


76 

conviction  thereof,  be  adjudged  guilty  of  a  felony,  and 
shall  be  punished  for  each  and  every  such  offense  by  im- 
prisonment in  the  penitentiary  for  not  less  than  one  nor 
more  than  ten  years. 

96.  Every  person  not  an  officer,  such  as  mentioned  in 
the  last  preceding  section,  who  is  guilty  of  any  of  the 
acts  specified  in  said  last  section,  or  who  advises,  pro- 
cures or  abets  the  commission  of  the  same,  or  any  of 
them,  shall,  upon  conviction  thereof,  be  adjudged  guilty 
of  a  felony,  and  for  each  and  every  such  offense  shall  be 
punished  by  imprisonment  in  the  penitentiary  for  not 
less  than  one  nor  more  than  ten  years,  and  such  offense 
shall  be  deemed  to  have  been  committed  whether  such- 
person  has  or  had  any  custody  or  control,  rightful  or 
otherwise,  over,  or  is  charged  with  any  duty  in  relation 
to  said  records,  registers,  ballots,  coupons  or  other  docu- 
ments. 

97.  Any  person  who  shall  be  convicted  of  willfully  and 
corruptly  swearing  or  affirming  in  taking  any  oath   or 
affirmation  prescribed  by  or  upon  any  examination  pro- 
vided for  in  this  Article  shall  be  guilty  of  a  willful  and 
corrupt  perjury,  and  shall  be  punished  according  to  the 
laws  of  the  State. 

98.  Every  person  who  shall  willfully  and  corruptly  in- 
stigate, advise,  induce  or  procure  any  person  to  swear  or 
affirm  falsely,  as  aforesaid,  or  to  offer  so  to  do,  shall, 
upon  conviction  thereof,  be  adjudged  guilty  of  suborna- 
tion of  perjury,  and  shall  suffer  the  punishment  directed 
by  law  in  cases  of  willful  and  corrupt  perjury. 

99.  If  any  person  who  shall  have  been  convicted  of 
bribery,  felony  or  other  infamous  crime,  under  the  laws 
of  this  or  any  other  State,  and  who  has  never  received 
pardon  for  such  offense  from  the  officer  entitled  to  grant 
such  pardon,  shall  thereafter  vote  or  offer  to  vote  at  any 
election  in  this  State,  he  shall,  upon  conviction  thereof, 
be  adjudged  guilty  of  a  felony,  and  for  each  and  every 
such  offense  shall  be  punished  by  imprisonment  in  the 
penitentiary  for  not  less  than  one  nor  more  than  five 
years. 

100.  If  any  person  shall  willfully  disobey  any  lawful 
command  of  any  judge  of  election  or  of  any  board  of 
registry,  given  in  the  execution  of  his  or  their  duty  as. 


77 

such  at  any  registration  or  election,  he  shall,  upon  con- 
viction thereof,  be  adjudged  guilty  of  a  misdemeanor, 
and  shall  be  punished  by  imprisonment  in  jail,  for  not 
less  than  thirty  days  nor  more  than  six  months,  or  by  a 
fine  of  not  less  than  ten  ($10)  dollars  nor  more  than  two 
hundred  and  fifty  ($250)  dollars,  or  by  both  such  fine  and 
imprisonment  in  the  discretion  of  the  court.  Any  mis- 
demeanor under  this  Article  for  which  no  penalty  is 
specially  provided  shall  be  punished  as  provided  in  this 
section, 

101.  If  during  any  registration  of  voters  or  revision 
thereof,  or  on  any  day  of  election  or  during  the  canvass 
of  votes  cast  thereat  or  during  any  subsequent  canvass 
by  any  Board  of  Canvassers,  any  person  shall  cause  any 
breach  of  the  peace,  or  be  guilty  of  any  disorder,  violence 
or' threats  of  violence  whereby  any  such  registration,  re- 
vision, election  or  canvass  shall  be  impeded  or  hindered 
or  whereby  the  lawful  proceedings  of  any  officer  or  board 
of  registration,  or  of  any  judge  or  clerk  ;  or  other  officer 
of  such  election,  or  challenger  or  person  designated  to 
be  present  during  the  reception  or  canvass  of  any  ballots, 
or  of  any  canvassing  board  as  hereinbefore  provided,  are 
interfered  with,  every  such  person  shall,  upon  conviction 
thereof,  be  adjudged  guilty  of  a  misdemeanor,  and  shall 
be  punished  by  imprisonment  in  jail  for  not  less  than 
thirty  days  nor  more  than  one  year,  or  by  fine  of  not  less 
than  fifty   ($50)   dollars  nor  more  than  one  thousand 
($1,000)  dollars,  or  by  both  such  fine  and  imprisonment. 

102.  If  any  person  knowingly  or  willfully  shall  ob- 
struct, hinder  or  assault,  or  by  bribery,  solicitation  or 
otherwise  interfere  with  any  officer  of  registration,  or 
any  judge  or  clerk  of  election  or  challenger  or  person 
designated,  as  provided  by  this  Article  to  be  present  at 
the  reception  or  canvass  of  any  ballots,  in  the  perfor- 
mance of  any  duty  required  by  him  or  which  he  may  by 
law  be  authorized  or  permitted  to  perform,  or  if  any  per- 
son by  any  means  before  mentioned  or  otherwise  unlaw- 
fully shall,  on  any  day  of  registration,  revision  of  regis- 
tration, or  of  election,  hinder  or  prevent  any  officer  of 
registration,  judge  or  clerk  of  election,  challenger  or  per- 
son designated  as  provided  in  this  Article  to  be  present 
at  the  reception  or  canvass  of  ballots,  in  his  free  attend- 
ance and  presence  at  the  place  of  registration  or  revision 


78 

of  registration,  or  of  election  in  the  election  precinct,  in 
and  for  which  he  is  appointed  and  designated  to  serve,  or 
in  his  full  and  free  access  and  egress  to  and  from  any 
such  place  of  registration,  revision  of  registration  or  of 
election,  or  to  and  from  any  room  where  such  registra- 
tion, revision  of  registration  or  election  or  canvass  of 
votes  or  making  of  any  such  return  and  certificates 
thereof  may  be  had,  or  shall  molest,  interfere  with,  re- 
move or  eject  from  any  such  place  of  registration  or 
election  or  of  canvassing  ballots  cast  thereat  or  of  mak- 
ing returns  or  certificates  thereof,  any  such  officer  of 
registration,  judge  or  clerk  of  election,  challenger  or  per- 
son designated  as  provided  in  this  Article  to  watch  the 
reception  or  canvassing  of  any  ballots  except  as  other- 
wise provided  in  this  Article,  or  shall  unlawfully  threaten 
or  attempt  or  offer  so  to  do,  every  such  person  shall  be 
guilty  of  a  misdemeanor,  and  on  conviction  thereof,  shall 
be  punished  by  imprisonment  in  jail  for  not  less  than 
three  months  nor  more  than  one  year,  or  by  fine  of  not 
less  than  fifty  ($50)  dollars  nor  more  than  one  thousand 
($1,000)  dollars  or  by  both  fine  and  imprisonment. 

103.  If  any  person  upon  the  day  of  election,  or  before 
the  canvass  of  votes  is  completed,  shall  conceal  or  will- 
fully break  or  destroy  any  ballot-box  used  or  intended  to 
be  used  at  any  such  election,  or  shall  willfully  or  fraudu- 
lently conceal,  secrete  or  remove  any  such  box  from  the 
custody  of  the  judges  of  election,  or  other  official  in  charge 
thereof,  or  shall  alter,  deface,  injure  or  destroy  or  con- 
ceal any  ballot  which  has  been  deposited  in  any  ballot- 
box  at  such  election  which  has  not  been  counted  or  can- 
vassed, or  any  poll -list  used  at  such  election,  or  any  re- 
port, return,  certificate  or  any  evidence  in  this  Article 
required,  he  shall,  upon  conviction  thereof,  be  adjudged 
guilty  of  a  felony,  and  shall  for  each  and  every  such 
offense  be  punished  by  imprisonment  in  the  penitentiary 
for  not  less  than  one  nor  more  than  five  years. 

104.  If  at  any  election  precinct,  at  any  registration  of 
voters  or  revision  thereof,  any  officer  of  registration 
shall  knowingly,  willfully  admit  any  person  to  registra- 
tion, or  make  any  entry  upon  any  register  unless  a  ma- 
jority of  the  Board  of  Registry  in  said  precinct  are 
present  and  concur,  or  if  at  any  election  hereafter  held, 
any  judge  or  clerk  of  election  shall  receive  any  vote  or 


79 

proceed  with  the  canvass  of  ballots,  or  shall  consent 
thereto,  unless  a  majority  of  judges  of  election  in  said 
election  precinct  are  present  and  concur,  he  shall,  upon 
conviction  thereof,  be  adjudged  guilty  of  a  misdemeanor, 
and  shall  be  punished  by  imprisonment  in  jail  for  not 
less  than  ten  nor  more  than  ninety  days,  or  by  fine  of 
not  less  than  ten  ($10)  dollars  nor  more  than  two  hund- 
red and  fifty  ($250)  dollars,  or  by  both  such  fine  and  im- 
prisonment, in  the  discretion  of  the  Court. 

105.  If  any  officer  of  registration  in  any  election  pre- 
cinct shall,  without  urgent  necessity,  absent  himself 
from  the  place  of  registration  during  the  hours  pre- 
scribed by  law  for  registering  voters,  or  if  any  judge  or 
clerk  of  election  shall,  without  urgent  necessity,  be  late 
at  the  opening  of  the  polls,  or  shall  absent  himself  there- 
from during  the  election  or  during  the  canvass  of  bal- 
lots, or  the  making  up  of  the  returns,  he  shall,  upon  con- 
viction thereof,  be  adjudged  guilty  of  a  misdemeanor, 
and  shall  be  punished  by  imprisonment  in  jail  for  not 
less  than  ten  days  nor  more  than  six  months  or  shall  be 
fined  not  less  than  twenty  ($20)  dollars  nor  more  than 
five  hundred  ($500)  dollars. 

106.  Whoever  shall  (1)  falsely  make  or  fraudulently  de- 
face or  fraudulently  destroy  any  certificate  of  nomination 
or  any  part  thereof,  or  (2)  file  any  certificate  of  nomina- 
tion, knowing  the  same  or  any  part  thereof  to  be  falsely 
made,   or  (3)   suppress  any  certificate  of  nomination 
which  has  been  duly  filed,  or  any  part  thereof,  or  (4)  shall 
forge  or  falsely  make  the  official  endorsement  on  any 
ballot,  shall  be  punished  by  a  fine  of  not  less  than  one 
hundred ($100)  dollars  nor  more  than  one  thousand  ($1000) 
dollars,  or  by  imprisonment,  in  jail  for  a  period  not  ex- 
ceeding three  years  or  by  both  fine  and  imprisonment,  in 
the  discretion  of  the  court. 

107.  Whoever  shall,  during  an  election,  remove  or  de- 
stroy any  of  the  supplies  or  other  conveniences  placed  in 
the  booths  or  compartments  in  this  Article  described  for 
the  purpose  of  enabling  the  voter  to  prepare  his  ballot, 
or  shall,  during  such  election,  remove,  tear  down  or  de- 
face any  of  the  cards  or  specimen  ballots  printed  for  the 
instruction  of  voters,  shall  be  punished  by  fine  of  not  less 
than  five  ($5)  dollars  nor  more  than  five  hundred  ($500) 


80 

dollars,  or  by  imprisonment  in  jail  for  a  period  not  ex- 
ceeding one  year,  or  by  both  fine  and  imprisonment,  in 
the  discretion  of  the  court. 

108.  Whoever  shall,  except  in  this  Article  otherwise 
provided,  allow  his  ballot  to  be  seen  by  any  person  with 
the  apparent  intention  of  letting  it  be  known  how  he  is 
about  to  vote,  or  place  any  distinguishing  marks  upon 
his  ballot,  or  who  shall  make  a  false  statement  as  to  his 
inability  to  mark  his  ballot,  or  who  shall  interfere  or  at- 
tempt to  interfere  with  any  voter  when  inside  the  en- 
closed space  in  the  polling-room,  or  when  marking  his 
ballot,  or  who  shall  endeavor  to  induce  any  voter  before 
voting  to  show  how  he  marks  or  has  marked  his  ballot, 
shall  be  punished  by  fine  of  not  less  than  five  ($5)  dollars 
nor  more  than  one  hundred  ($100)  dollars,  or  by  imprison- 
ment in  jail  for  a  period  not  exceeding  sixty  days,  or  by 
both  fine  and  imprisonment,  in  the  discretion  of  the  court. 

109.  Whoever  shall  willfully  destroy  or  deface  any  bal- 
lot, or  shall  take  or  remove  any  ballot  outside  of  the  in- 
closure  provided  for  voting,  before  the  close  of  the  polls, 
or  willfully  delay  the  delivery  of  any  ballot,  or  who  shall, 
on  or  before  any  day  of  election,  have  or  retain  in  his 
possession  any  official  ballot  printed  for  said  election  or 
any  imitation  thereof  save  and  excepting  when  such 
possession  by  him  is  necessary  or  appropriate  and  de- 
signed for  the  purpose  of  carrying  out  the  true  intent  and 
meaning  of  this  law,  or  who  shall  canvass  or  electioneer  in 
said  polling  place,  or  within  one  hundred  feet  distant 
from  the  same,  or  who  shall  hold  any  tickets  or  f ac-simile 
tickets  or  papers  purporting  to  be  tickets,  either  in  said 
polling  place  or  within  said  distance  from  the  same,  shall 
be  fined  not  less  than  fifty  ($50)  dollars  nor  more  than 
five  hundred  ($500)  dollars,  or  shall  be  imprisoned  in  jail 
for  not  exceeding  sixty  days,  or  shall  be  subject  to  both 
fine  and  imprisonment,  in  the  discretion  of  the  Court. 

110.  Whoever,  during  the  hours  of  registration  or  re- 
vision of  registration,  or  during  the  hours  of  election  or 
canvass  of  votes,  or  of  making  returns  thereof  in  any 
precinct  shall  bring,  take,  order,  or  send  into,  or  shall  at- 
tempt to  bring  or  take  or  send  into,  any  place  of  regis- 
tration, or  revision  of  registration  or  election,  any  dis- 
tilled or  spirituous  liquors,  wine,  ale  or  beer,  or  shall  at 


81 

any  such  time  and  place,  drink  or  partake  of  such  liquor, 
shall  be  guilty  of  a  misdemeanor,  and  shall,  upon  convic- 
tion thereof,  befined  not  less  than  ($10)  dollars  nor  more 
than  one  hundred  ($100)  dollars. 

111.  It  shall  be  unlawful  for  the  keeper  of  any  hotel, 
tavern,  store,  drinking  establishment,  or  any  other  place 
where  liquors  are  sold,  or  for  any  person  or  persons,  di- 
rectly or  indirectly,  to  sell,  barter,  give  or  dispose  of  any 
spirituous  or  fermented  liquors,  ale  or  beer,  or  intoxica- 
ting drinks  of  any  kind  on  the  day  of  any  election  here- 
after to  be  held  in  the  several  counties  of  this  State;  any 
person  violating  the  provisions  of  this  section  shall  be 
liable  for  indictment,  and  shall,  upon  conviction,  be  fined 
not  less  than  fifty  ($50)  dollars,  nor  more  than  one  hund- 
red ($100)  dollars  for  each  offense;  one-half  of  the  fine 
shall  be  paid  to  the  informer,  and  the  other  half  to  the 
County  Commissioners  for  the  use  of  public  roads. 

112.  Any  person  who  shall  make  any  bet  or  wager  upon 
the  result  of  any  election  to  take  place  in  this  State  shall 
be  liable  to  indictment,  and  upon  conviction  thereof  shall 
be  fined  not  less  than  fifty  ($50)  dollars,  nor  more  than 
five  hundred  ($500)  dollars,  to  be  paid  to  the  State  for 
the  use  of  the  school  fund.     Every  deposit  of  money  in 
any  part  of  this  State,  as  a  bet  or  wager  upon  the  result  of 
any  election  of  this  State  or  elsewhere,  shall  be  forfeited 
and  paid  over  to  the  County  Commissioners  of  the  county 
where  deposited  for  the  use  of  the  county;  or,  if  de- 
posited in  the  city  of  Baltimore,  to  the  Mayor  and  City 
Council. 

113.  No  commissioned  or  non-commissioned    officer 
having  the  command  of  any  soldier  or  soldiers  quartered 
or  posted  in  any  district  of  any  county;  in  this  State  shall 
muster  or  embody  any  of  the  said  troops,  or  march  any 
recruiting  party  within  the  view  of  any  place  of  election 
during  the  time   of  holding  said  election,   under  the 
penalty  of  one  hundred  ($100)  dollars.     This  section  is 
not  to  apply  to  the  city  of  Baltimore. 

114.  Irregularities  or  defects  in  the  mode  of  giving 
notice  or  of  conveying,  holding  or  conducting  a  registra- 
tion or  election  authorized  by  law  shall  constitute  no  de- 
fense to  a  prosecution  for  a  violation  of  the  provisions 
of  this  Article.     Every  act,  which  by  the  provisions  of 


82 

this  Article  or  the  laws  of  the  State,  is  made  a  crime 
when  committed  with  reference  to  the  election  of  a  can- 
didate, shall  be  equally  criminal  and  subject  to  the  same 
punishment  when  committed  with  reference  to  a  propo- 
sition to  be  submitted  to  the  people  to  be  decided  by  the 
votes  cast  at  an  election. 

115.  It  shall  be  the  duty  of  the  Supervisors  of  Elections 
to  aid  in  the  prosecution  of  all  crimes  and  offenses  against 
this  Article,  and  when,  in  the  judgment  of  the  super- 
visors, there  is  probable  cause  for  believing  that  an 
offense  has  been  committed,  it  shall  be  their  duty  to 
cause  a  prosecution  to  be  instituted  in  accordance  with 
the  provisions  of  this  Article. 

CHAPTER  544,  ACTS  OF  1906. 

116.  The  sheriffs  in  the  several  counties  shall,  respect- 
ively, be  allowed  the  sum  of  twelve  (12)  dollars  for  each 
election  held  in  their  county  for  the  performance  of  the 
duties  therein  required,  to  be  levied  as  other  county 
charges;  provided,  that  when  two  or  more  elections  are 
to  be  held  on  the  same  day  the  sheriff  shall  not  be  al- 
lowed more  than  twelve  dollars  for  such  elections  (except 
in  Baltimore  city) ;  all  judges,  whether  acting  as  or  sit- 
ting as  officers  of  registration,  and  clerks  of  election, 
shall  be  allowed  and  paid  three  dollars  a  day;  fractions 
of  a  day  shall  be  allowed  for  at  the  rate  of  thirty  cents 
an  hour.     In  the  city  of  Baltimore,  in  the  year  1907  and 
thereafter,  the  judges  when  acting  as  officers  of  regis- 
tration shall  be  allowed  and  paid  five  dollars  a  day,  and 
all  judges  and  clerks  when  sitting  as  officers  of  election 
shall  be  allowed  and  paid  ten  dollars  for  each  election 
conducted  by  them;  each  judge  and  clerk  of  election  who 
has  performed  all  the  duties  and  services  required  of 
him  by  this  Article  shall  be  allowed  pay  for  his  time  as 
above  provided.     When  any  judge  or  clerk  does  not  per- 
form all  the  services  required  by  this  Article,  then  such 
Board  of  Supervisors  of  Elections  shall  audit  his  time 
and  allow  his  compensation  only  for  the  time  during 
which  he  has  actually  served. 

MISCELLANEOUS  PROVISIONS. 

117.  All  oaths  required  by  this  Article  to  be  in  writ- 
ing shall  have  a  certificate  of  the  officer  making  the  same 
attached  and  signed  by  him,  and  said  Supervisors  of 


83 

Elections,  officers  of  registration  and  judges  of  election 
are  hereby  empowered  to  administer  all  oaths  and  affir- 
mations required  in  the  discharge  of  the  duties  of  their 
respective  offices. 

118.  The  word  "election,"  as  used  in  this  Article,  shall 
be  construed  to  include  elections  had  within  any  county 
or  city  for  the  purpose  of  enabling  voters  to  choose  some 
public  officer  or  officers  under  the  laws  of  this  State,  or 
of  the  United  States,  or  to  pass  upon  any  amendment, 
law  or  other  public  act  or  proposition  submitted  to  vote 
by  law. 

The  word  "precinct,"  as  used  in  this  Article,  shall 
be  construed  to  mean  an  election  district  in  a  county  or 
an  election  precinct  in  such  district,  or  in  a  ward  of  the 
city  of  Baltimore,  as  the  case  may  be.  In  computing 
the  times  for  notices  to  be  given  under  this  Article  Sun- 
days shall  be  included,  except  when  the  day  on  which 
said  notices  should  be  given  should  happen  to  fall  on 
Sunday,  in  which  event  the  same  shall  be  given  on  the 
Monday  following;  the  day  of  giving  the  notice  and  the 
day  of  registration  or  election  shall  be  excluded. 

119.  In  all  trials  for  offenses  against  any  of  the  pro- 
visions of  this  Article,  or  of  any  existing  law  relating  to 
registration  or  elections,  where  such  offenses  are  pun- 
ishable by  imprisonment  in  the  penitentiary,  the  State 
and  defense  shall  each  be  entitled  to  twenty  peremptory 
challenges  of  jurors. 

120.  It  shall  be  the  duty  of  the  Attorney-General,  with- 
in three  months  after  the  adoption  of  this  Article,  to  pre- 
pare instructions   and  blank  forms  necessary  for  the 
use  of  the  officers  of  registration  and  of  the  election 
created  by  this  Article;  and  this  Article,  with  said  forms 
and  instructions  so  prepared,  and  with  other  provisions 
of  the  Constitution  and  laws  touching  the  same  matters, 
and  with  a  proper  index  thereto,  shall  be  published  by 
the  Secretary  of  State,  and  shall  be  distributed  by  him 
to  the  Supervisors  of  Elections,  in  quantities  sufficient  to 
supply  the  judges  of  election  and  other  officers  requiring 
the  same.     The  expenses  of  printing  shall  be  paid  from 
the  treasury  of  the  State,  and  the  sum  of  one  thousand 
dollars  per  annum,  or  so  much  thereof  as  may  be  neces- 
sary, is  hereby  appropriated  out  of  any  funds  in  the 


84 

treasury  for  such  printing  and  for  the  employment  of 
any  necessary  clerical  help  in  preparing  and  attending 
to  election  business  by  this  Article  assigned  to  the  office 
of  the  Attorney-General,  and  that  of  the  Secretary  of 
State.  A  price  shall  be  fixed  by  the  Secretary  of  State 
at  which  copies  may  be  furnished  to  purchasers. 

(Note.  The  following  section  121,  applies  to  the  fol- 
lowing counties  only:  Baltimore  city,  Baltimore,  Dor- 
chester, Queen  Anne's,  Wicomico,  Carroll,  Washington, 
Allegany,  Cecil,  Montgomery,  Howard,  Caroline,  Har- 
ford,  Frederick  and  Garrett  counties.) 

ACTS  OF  1901,  CHAPTER  2. 

121.  At  least  thirty  days  before  every  State  election, 
the  Attorney-General  shall  prepare  full  instructions  for 
the  guidance  of  the  voters  of  such  election  as  to  obtain- 
ing ballots,  as  to  the  manner  of  marking  them,  and  as  to 
obtaining  new  ballots  in  place  of  those  accidentally  de- 
stroyed, with  such  other  instructions  as  shall  in  his 
opinion  be  necessary  and  proper.  Said  instructions  shall 
be  furnished  by  the  Secretary  of  State  to  the  several 
Boards  of  Supervisors  of  Elections,  who  shall,  respec- 
tively, cause  the  same  together  with  copies  of  sections  66, 
67  and  68  of  this  Article,  to  be  printed  in  large,  clear 
type,  on  separate  cards,  to  be  called  ''Cards  of  Instruc- 
tion," and  said  Boards  of  Supervisors  shall  furnish  twelve 
of  the  same  with  ballots  for  use  in  each  election  precinct. 
They  shall  also  cause  to  be  printed  on  light  cardboard, 
or  heavy-sized  paper,  ten  or  more  copies  of  the  form  of 
the  ballot  provided  for  each  voting  place  at  each  election 
therein,  of  a  considerably  magnified  size,  which  shall  be 
called  "Specimen  Ballots/'  and  the  same  shall  be 
furnished  with  the  other  ballots  prepared  for  each 
voting  place.  On  the  morning  of  said  election,  the  said 
Supervisors  of  Elections  shall  cause  to  be  conspicuously 
posted  in  each  polling  place,  said  cards  of  instruction 
and  largely  magnified  specimen  ballots,  and  one  of  said 
cards  of  instruction  shall  be  fixed  in  each  booth  or  vot- 
ing compartment,  and  the  said  specimen  ballots  shall  be 
conspicuously  displayed  in  said  polling  room  and  on  the 
outside  of  the  building  wherein  said  voting  shall  take 
place.  Not  less  than  three  of  said  cards  and  three  of 
said  specimen  ballots  shall  be  posted  outside  of  the 


85 

guardrails,  and  not  less  than  three  of  each  of  same  shall 
be  securely  and  conspicuously  posted  on  the  outside  of 
the  building  in  which  the  polls  are  held,  before  the  bal- 
loting begins,  in  such  position  that  the  same  may  be 
easily  examined  by  the  public. 

(Note.  The  following  section  122,  applies  to  the  fol- 
lowing counties  only:  Anne  Arundel,  Calvert,  Charles, 
Kent,  Prince  George's,  St.  Mary's,  Somerset,  Talbot  and 
Worcester.) 

ACTS  OF  1904,   CHAPTER  339. 

122.  At  least  thirty  days  before  every  State  election 
the  Attorney-General  shall  prepare  full  instructions  for 
the  guidance  of  voters  of  such  election,  as  to  obtaining 
ballots,  as  to  the  manner  of  marking  them,  and  as  to  ob- 
taining new  ballots  in  place  of  those  accidently  destroyed, 
with  such  other  instructions  as  shall,  in  his  opinion,  be 
necessary  and  proper.  Said  instructions  shall  be  furn- 
ished by  the  Secretary  of  State  to  the  several  Boards  of 
Supervisors  of  Elections,  who  shall  respectively  cause 
the  same,  together  with  copies  of  sections  66,  67  and  68 
of  this  Article  to  be  printed  in  large,  clear  type,  on 
separate  cards,  to  be  called  "Cards  of  Instruction,"  and 
said  Boards  of  Supervisors  shall  furnish  twelve  of  the 
same,  with  ballots  for  use  in  each  election  precinct. 
They  shall  also  cause  to  be  printed,  on  light  card-board 
or  heavy-sized  paper,  ten  or  more  copies  of  the  form  of 
the  ballot  provided  for  each  voting  place,  at  each  elec- 
tion therein,  of  a  considerably  magnified  size,  which 
shall  be  called  "Specimen  Ballots,"  and  the  same  shall  be 
furnished  with  the  other  ballots  prepared  for  each  vot- 
ing place.  On  the  morning  of  said  election  the  said 
Supervisors  of  Elections  shall  cause  to  be  conspicuously 
posted  in  each  polling  place,  said  cards  of  instruction 
and  largely  magnified  specimen  ballots,  and  one  of 
said  cards  of  instruction  shall  be  fixed  in  each 
booth  or  voting  compartment,  and  the  said  specimen 
ballots  shall  be  conspicuously  displayed  in  said  polling 
room  and  on  the  outside  of  the  building  wherein  said 
voting  shall  take  place.  Not  less  than  three  of  said  cards 
and  three  of  said  specimen  ballots  shall  be  posted  outside 
of  the  guard-rails,  and  not  less  than  three  of  each  of  same 
shall  be  securely  and  conspicuously  posted  on  the  outside 


86 

of  the  building  in  which  the  polls  are  held,  before  the 
balloting  begins,  in  such  positions  that  the  same  may  be 
easily  examined  by  the  public.  It  shall  also  be  the  duty 
of  the  several  Boards  of  Supervisors  of  Elections,  on  the 
morning  of  said  election,  to  cause  to  be  conspicuously 
posted  in  each  polling  place,  and  in  each  voting  booth  of 
each  polling  place,  separate  tickets  or  lists  containing 
the  names  of  the  candidates  of  each  political  party,  with 
a  designation  of  the  several  offices  for  which  they  are 
candidates,  so  that  voters  may  thereby  be  aided  in  se- 
lecting the  candidates  for  whom  they  wish  to  vote  and 
in  marking  the  official  ballot  accordingly. 

123.  The  Boards  of  Supervisors  of  Elections  for  the 
several  counties  shall  have  power  to  employ  an  attorney, 
who  shall  also  be  the  attorney  for  the  judges  of  election, 
whether  acting  as  such  or  as  registration  officers,  to  re- 
ceive such  compensation  as  shall  be  allowed  by  the 
County  Commissioners  upon  the  approval  of  the  Circuit 
Court.  In  the  city  of  Baltimore  the  Board  of  Super- 
visors of  Elections  shall  biennally  appoint  some  practic- 
ing member  of  the  bar  of  Baltimore  city  to  act  as  general 
counsel  for  the  said  board  and  for  officers  of  registration 
and  judges  of  election  appointed  by  them,  in  all  matters 
and  proceedings  pertaining  to  their  duties,  and  to  appear 
for  and  defend  the  said  judges  of  election  at  the  hearing- 
of  all  petitions  which  may  be  filed  against  them  as  offi- 
cers of  registration  under  the  provisions  of  this  Article. 
For  his  services  such  counsel  shall  receive  an  annual 
salary  of  twelve  hundred  dollars,  to  be  paid  in  equal 
quarterly  instalments  by  the  Mayor  and  City  Council  of 
Baltimore.  He  may  be  removed  and  other  counsel  may 
be  appointed  in  his  place  at  the  discretion  of  said  board, 
and  whenever  petitions  filed  against  officers  of  registra- 
tion and  pending  before  more  than  one  of  the  judges  of 
the  Supreme  Bench  of  Baltimore  city  at  the  same  time, 
he  may  appoint,  with  the  approval  of  the  Board  of  Sup- 
ervisors, as  many  additional  counsel  as  may  be  necessary 
to  assist  him  in  trying  said  petitions,  who  shall  each  be 
paid  the  sum,  not  exceeding  one  hundred  and  fifty  dol- 
lars in  any  one  year,  as  he  shall  certify,  with  the  appro- 
val of  the  Board  of  Supervisors,  to  be  a  reasonable  and 
proper  compensation  for  their  respective  services;  pro- 
vided, that  the  whole  number  of  counsel  retained  at  any 


87 

one  time,  including  himself,  shall,  in  no  case,  exceed  the 
number  of  judges  then  engaged  in  hearing  such  peti- 
tions. 

ACTS  OF  1904,  CHAPTER  254. 

124.  The  boundaries  of  the  election  districts  of  the 
counties  and  of  the  wards  of  Baltimore  city  shall  remain 
as  now  established  by  law,  but  before  the  first  general 
registration  held  under  this  Article,  and  before  every 
subsequent  general  registration    or  whenever  in  the 
judgment  of  the  Board  of  Supervisors  of  Elections  of 
Baltimore  city  it  shall  be  deemed  expedient  it  shall  be 
the  duty  of  said  board  to  divide  and  establish  precincts 
in  the  said  wards,  as  in  the  judgment  of  said  board  shall 
best  promote  the  convenience  of  voters;  provided,  that 
no  precinct  upon  the  basis  of  the  registry  of  voters  in 
use  at  the  election  in  the  next  year  preceding  that  in 
which  such  precincts  are  divided  and  established  shall 
contain  over  four  hundred  and  fifty  registered  voters  in 
the  city.     In  dividing  and  establishing  precincts  in  the 
city  of  Baltimore,  the  new  precincts  shall  conform  to 
the  boundaries  of  the  Legislative  and  Congressional  dis- 
tricts established  by  law.     The  precincts  of  each  ward 
shall  be  numbered  from  one  upward,  consecutively.  The 
boundaries  of  said  precincts  shall  be  made  known  by 
advertising  in  one  or  more  newspapers  in  said  city  once 
a  week  for  two  successive  weeks  before  the  first  day  of 
July  in  each  year  in  which  such  division  is  made.     Such 
additional  books  of  registry  and  such  copies  of  the  origi- 
nal books  of  registry  of  the  year  1903,  as  are  provided 
by  said  Board  of  Supervisors  of  Elections,  under  the  pro- 
visions of  this  section,  and  the  original  books  of  registry 
of  Baltimore  city  for  the  year  1903,  shall  be  used  at  the 
general  elections  to  be  held  in  the  city  of  Baltimore  in 
said  years  1904  and  1905. 

ACTS  OF   1901,  CHAPTER   10. 

125.  As  soon  after  the  passage  of  the  Act  of  1901,  ch. 
10,  April  1,  1901,  as  shall  be  reasonably  practicable,   it 
shall  be  the  duty  of  the  Boards  of  Supervisors  of  Elec- 
tions of  the  several  counties  to  examine  the  boundaries 
of  the  several  election  districts  and  election  precincts  in 
their  respective  counties,  and  whenever,  in  their  judg- 
ment and  discretion,  it  shall  be  expedient  for  the  con- 


88 

venience  of  the  voters  to  subdivide  any  of  said  election 
districts  or  election  precincts  having  a  number  of  voters 
in  excess  of  six  hundred;  they  are  hereby  empowered  and 
authorized  to  make  such  subdivisions,  and  to  establish 
the  boundaries  of  such  subdivisions  in  such  way  as  to 
facilitate  and  expedite  the  casting  of  their  ballots  by  the 
voters  thereof,  either  by  a  designation  of  an  entirely  new 
and  different  polling  place,  or  by  providing  for  two  sep- 
arate polling  places  at  or  near  the  former  polling  place. 
Whenever  in  the  exercise  of  the  discretion  conferred 
upon  the  several  Boards  of  Supervisors  of  Elections  by 
this  section,  they  shall  subdivide  any  election  district  or 
election  precinct,  they  shall  appoint  officers  of  registra- 
tion and  judges  and  clerks  of  election  therefor,  as  in  this 
Article  provided,  who  shall  have  all  the  powers,  perform 
all  the  duties,  be  subject  to  all  responsibilities  and  be 
liable  to  all  the  penalties  prescribed  in  this  Article  for 
officers  of  registration,  judges  and  clerks  of  election. 
All  the  members  of  the  Boards  of  Supervisors  for  the 
several  counties  whenever  such  district  or  precinct  is 
divided,  as  herein  provided,  sign  their  name  to  the  books 
which  contain  the  names  copied  from  the  original  books 
for  such  new  district  or  precinct  in  the  hands  of  said 
Supervisors,  and  shall  duly  certify  that  said  new  books 
contain  all  the  names  of  the  persons  entitled  to  vote  in 
such  newly  established  district  or  precinct,  such  said  cer- 
tificate shall  appear  on  the  blank  line  next  following  the 
last  name  in  each  letter  of  the  alphabetical  list  of  names 
in  the  new  book  so  transcribed,  and  such  certificates 
shall  be  attested  by  the  clerk  to  the  respective  Boards  of 
Supervisors.  Said  Boards  of  Supervisors  shall  furnish 
to  the  officers  of  registration  and  judges  of  election,  ap- 
pointed by  them  for  such  new  additional  voting  precincts, 
full  and  complete  sets  of  registry  books,  containing  the 
names  of  all  voters  already  registered,  duly  and  properly 
arranged  for  such  additional  voting  precincts,  and  for 
the  entering  upon  such  registry  books  persons  entitled 
to  be  newly  registered  thereon;  the  cost  of  such  sub- 
division and  preparation  of  proper  registry  books  shall 
be  paid  by  the  County  Commissioners  of  the  counties  in 
which  such  subdivisions  shall  be  made  upon  proper 
requisition  and  vouchers  presented  by  the  Boards 
of  Supervisors  of  Elections.  The  boundaries  of  said 


89 

additional  precincts  established  under  this  section 
shall  be  made  known  by  advertisement  in  two  news- 
papers in  said  counties,  once  a  week  for  three  successive 
weeks,  before  the  first  day  of  September  in  each  year  in 
which  subdivision  is  made.  Said  newspapers  to  be  desig- 
nated as  provided  in  other  cases  under  this  Article  where 
advertisements  are  required  to  be  made  in  at  least  two 
newspapers. 

126.  The  Board  of  Supervisors  of  Elections  in  the  city 
of  Baltimore  shall,  moreover,  in  every  year  in  which 
such  division  is  made,  cause  to  be  prepared  maps  of  said 
city,  showing  the  boundaries  of  the  wards  and  precincts 
as  established  by  said  board.    They  shall  furnish  a  suf- 
ficient number  of  copies  of  such  maps  to  the  officers  of 
registration  of  each  precinct,  who  shall  keep  one  or  more 
copies  of  such  maps  conspicuously  posted  in  the  offices 
of  registration  during  their  sittings,  and  the  said  board 
shall  furnish  copies  of  such  maps  to  any  person  who 
shall  apply  for  the  same,  and  pay  fifty  cents  for  each 
map  so  furnished  him. 

CONTESTED  ELECTIONS. 

127.  All  contested  elections  for  Comptroller  of  the 
Treasury,  Judge,  Clerks  of  the  Courts  of  Law,  and  Regis- 
ters of  Wills  shall  be  decided  by  the  House  of  Delegates, 
and  testimony  in  such  cases  shall  be  taken  in  such  cases 
in  the  same  manner  as  herein  prescribed  in  the  contest- 
ed seats  in  the  Senate  and  House  of  Delegates. 

128.  All  cases  of  contested  elections  of  any  of  the  of- 
ficers not  provided  in  the  Constitution,  or  in  the  preced- 
ing sections  shall  be  decided  by  the  judges  of  the  several 
Circuit  Courts,  each  in  his  respective  circuit,  and  by  the 
Superior  Court  of  Baltimore  city,  in  the  city  of  Balti- 
more. 

129.  Each  judge  of  the  Circuit  Court  and  of  the  Super- 
ior Court  of  Baltimore  city  may  adopt  such  modes  of 
proceeding  and  adjudging  costs  in  cases  of  contested 
elections  as  to  him  shall  seem  most  satisfactory,  but  the 
rules  of  taking  testimony  in  such  cases  shall  be  the  same 
as  those  which  regulate  the  taking  of  testimony  in  con- 
tested election  cases  recognizable  by  the  House  of  Dele- 
gates. 


90 

130.  If  either  party  shall  deem  himself  aggrieved  by 
the  decision  of  any  of  the  Circuit  Courts  or  the  Supreme 
Court  of  Baltimore  city  in  cases  of  contested  elections  he 
shall  have  a  right  of  appeal  to  the  Court  of  Appeals,  as 
in  other  cases;  said  appeal  to  be  taken  within  five  days 
from  the  date  of  the  decision  complained  of;  and  shall  be 
heard  and  decided  by  the  Court  of  Appeals  as  soon  after 
transmission  of  the  record  as  may  be  practicable,  and  the 
testimony  taken  in  such  cases  shall  be  sent  up  to  the 
Court  of  Appeals  as  part  of  the  record. 

131.  The  party  intending  to  contest  an  election  for  the 
Senate  or  House  of  Delegates  shall  give  notice  of  such 
intention  to  the  person  elected,  or,  in  case  of  a  tie  vote, 
to  the  person  against  whom  the  contest  is  to  be  instituted, 
within  thirty  days  after  the  judges  of  election  shall  have 
made  known  publicly  the  state  of  the  polls,  unless  at  a 
special  election  to  fill  a  vacancy,  when  such  notice  shall 
be  given  within  ten  days  after  the  state  of  the  polls  is 
announced  by  the  judges  of  election. 

132.  Such  notices  shall  be  delivered  in  writing  at  the 
usual  residences  of  the  person  returned,  and  if  he  be  ab- 
sent shall  be  left  there. 

133.  The  party  intending  to  make  examination  shall* 
after  such  notice,  apply  to  some  justice  of  the  peace  of 
the  county  or  city  wherein  the  election  is  contested,  and 
shall  obtain  a  notice  under  his  hand  and  seal,  directed  to 
the  opposite  party,  requiring  him  to  attend  in  person  or 
by  attorney  and  cross-examine  witnesses. 

134.  The  justice  in  such  cases  shall  have  the  usual 
power  to  coerce  the  attendance  of  witnesses. 

135.  The  notice  of  the  justice  shall  contain  the  names 
of  the  witnesses  with  the  facts  expected  to  be  proven  by 
them,  and  shall  state  the  time  and  place  of  examination, 
and  shall  be  served  on  the  opposite  party  or  his  attorney 
at  least  ten  days  previous  to  the  proposed  examination. 

136.  Every  person  deposing  shall  be  examined  on  oath, 
and  his  testimony  shall  be  reduced  to  writing,  either  by 
himself,  in  the  presence  of  the  justice,  or  by  the  justice, 
or  by  a  clerk  by  him  appointed  and  sworn  fairly  to  write 
down  and  transcribe  the  depositions,  and  shall  be  tran- 
scribed by  the  deponent. 


91 

137.  The  depositions  so  taken,  together  with  a  certifi- 
cate of  the  notices,  and  proof  of  service  of  them,  shall 
be  sealed  up  by  the  justice  who  took  them,  and  trans- 
mitted to  the  presiding  officer  of  the  body  in  which  the 
seat  is  contested. 

138.  The  examination  of  witnesses,  taken  in  the  man- 
ner herein  prescribed,  and  in  no  other,  shall  hereafter  be 
admitted  on  trial  of  contested  elections. 

139.  The  copies  of  any  papers  recorded  in  any  office 
of  record,  attested  under  the  hand  and  seal  of  the  re- 
cording officer,  shall  be  admitted  at  all  such  trials  in  the 
same  manner  as  the  originals  would  be  if  produced. 

140.  The  copies  of  any  other  papers  of  a  public  nature, 
and  remaining  in  possession  of  a  public  officer,  and  ex- 
tracts from  the  poll-books,  under  the  hand  and  seal  of 
the  clerk  of  the  court  or  public  officer  in  whose  office 
they  are  deposited,  shall  be  admitted  as  evidence. 

ACTS  OF  1902,  CHAPTER  133. 

141.  The  Board  of  Police  Commissioners  in  the  city  of 
Baltimore  and  the  Clerks  of  the  Circuit  Courts  in  the 
counties  to  whom  ballots  have  been  returned  under  the 
provisions  of  this  Article  shall  produce  any  such  ballots 
in  regard  to  which  testimony  may  be  proposed  to  be 
taken  before  a  justice  of  the  peace  taking  depositions  in 
a  contested  election,  and  shall  furnish  said  justice  copies 
of  the  same  only  on  the  order  first  had  and  obtained 
from  some  of  the  courts  of  Baltimore  city  or  the  Circuit 
Courts  for  the  counties,  or  some  one  of  the  judges  there- 
of, and  then,  in  pursuance  of  the  terms  and  conditions 
of  said  order  and  subject  to  its  restrictions;  and  said 
Police  Commissioners  of  Baltimore  city,  and  said  clerks 
as  the  case  may  be,  shall  retain  such  ballots  in  possession 
and  custody  until  such  ballots  shall  be  required  by  the 
order  of  the  court  having  jurisdiction  in  the  case,  to  be 
delivered  to  said  court,  or  by  order  of  the  Senate  or 
House  of  Delegates,  or  by  order  of  the  First  Branch  or 
Second  Branch    of  the  City  Council  of  Baltimore,  in 
whichever  the  seat  is  contested. 

142.  The  justice  before  whom  such  depositions  shall  be 
taken  shall  be  entitled  to  the  sum  of  two  dollars  for 
every  day  he  may  be  engaged  in  the  examination  of  wit- 
nesses, and  the  witnesses  shall  be  entitled  to  the  usual 


92 

allowance  for  their  attendance  before  a  justice  of  the 
peace,  to  be  paid  by  the  party  on  whose  behalf  such  ex- 
amination is  held  and  said  witnesses  are  summoned. 

143.  No  person  contesting  a  seat  of  any  one  who  has 
been  regularly  returned  by  the  judges  of  election  as 
elected  to  a  seat  in  the  Senate  or  House  of  Delegates 
shall  be  allowed  any  per  diem,  mileage  or  other  pay,  un- 
less the  party  so  contesting  shall  establish  his  right  to 
such  seat. 

ELECTORS  OF  PRESIDENT  AND  VICE  PRESIDENT. 

144.  On  the  first  Tuesday  next  after  the  first  Monday 
of  November  preceding  the  time  fixed  by  law  of  the 
United  States  for  choice  of  President  and  Vice  President 
of  the  United  States,  there  shall  be  elected  by  general 
tickets  as  many  electors  of  President  and  Vice  President 
as  this  State  shall  be  entitled  to  appoint. 

145.  Each  citizen  of  this  State  entitled  to  vote  for 
delegates  to  the  General  Assembly  shall  have  the  right 
to  vote  for  the  whole  number  of  electors;  and  the  several 
persons,  to  the  number  required  to  be  chosen,  having  the 
highest  number  of  votes,  shall  be  declared  and  deemed 
duly  appointed  electors. 

146.  If  any  of  the  persons  voted  for  as  electors  shall 
have  an  equal  number  of  votes  so  as  to  defeat  a  choice 
between  them,  the  Governor  shall  determine  by  lot  which 
of  the  persons  having  such  equal  number  of  votes  shall 
be  electors,  so  as  to  complete  the  whole  number  to  which 
the  State  shall  be  entitled. 

147.  The  said  election  shall  in  all  respects  be  conducted 
as  other  elections,  and  the  returns  thereof  made  and  can- 
vassed as  hereinbefore  directed. 

148.  Upon  the  meeting  of  the  persons  returned  elected 
as  electors  of  President  and  Vice  President,  or  of  as 
many  of  said  persons  as  may  attend  on  the  day  appointed 
by  the  Constitution  and  Laws  of  the  United  States, 
the  said  electors  who  are  present,  before  proceeding  to 
perform  the  duties  reposed  in  them  shall  fill  any  vacancy 
which  may  exist  in  the  said  college  of  electors,  at  such 
meeting,  whether  such  vacancy  be  occasioned  by  absence 
or  otherwise;  and  the  said  person  or  persons  so  appointed 
to  fill  such  vacancy  or  vacancies  shall  be  entitled  to  all 


93 

the  rights  and  privileges  of  those  proclaimed  by  the 
Governor  as  duly  elected  electors  of  President  and  Vice- 
Presideni  of  the  United  States. 

149.  The  electors  for  this  State  shall  meet  in  the  State 
House,  in  the  city  of  Annapolis,  and  give  their  votes  for 
President  and  Vice-President  of  the  United  States  at  the 
hour  of  noon  upon  the  first  Wednesday  in  December,  in 
the  year  in  which  they  are  appointed. 

REPRESENTATIVES   IN  CONGRESS. 

150.  Elections  of  Representatives  of  this  State  in  the 
Congress  of  the  United  States  shall  be  held  on  the  Tues- 
day next  after  the  first  Monday  in  the  month  of  Novem- 
ber every  two  years,  commencing  in  the  year  eighteen 
hundred  and  ninety-six,  and  taking  place  every  second 
year  thereafter. 

151.  If  a  vacancy  should  occur  by  death,  resignation 
or  otherwise,  at  such  period  as  to  make  it  necessary  that 
a  Representative  or  Representatives  in  Congress  from 
this  State  should  be  chosen  before  the  regular  time  for 
such  election,  the  Governor  shall  by  proclamation  direct 
that  a  special  election  be  held  to  fill  such  vacancy,  which 
proclamation  shall  require  at  least  twenty  days'  notice  of 
such  election  to  be  given  by  the  Supervisors  of  Elections 
to  the  sheriffs  of  the  respective  counties  or  city  of  Bal- 
timore, comprising  the  Congressional  district  in  which 
such  vacancy  may  exist. 

CONGRESSIONAL  DISTRICTS. 

ACTS  OF  1902,    CHAPTER  136. 

152.  This  State  shall  be  divided  into  six  districts  for 
the  choosing  of  six  Representatives  in  the  Congress  of  the 
United  States,  which  will  be  numbered,  respectively, 
from  one  to  six. 

153.  The  First  Congressional  District  shall  be  composed 
of  Worcester  county,  Somerset  county,  Wicomico  county, 
Dorchester  county,  Talbot  county,  Queen  Anne's  county, 
Caroline  county,  Kent  county  and  Cecil  county,  and  shall 
be  entitled  to  choose  one  Representative  in  the  House  of 
Representatives. 

154.  The  Second  Congressional  District  shall  be  com- 
posed of  the  Fifteenth  and  Sixteenth  Wards  of  Baltimore 
city,  as  said  wards  are  numbered  by  the  Act  of  1901, 


94 

chapter  8,  of  Harf  ord  county,  Carroll  county  and  Balti- 
more county,  and  shall  be  entitled  to  choose  one  Repre- 
sentative in  the  House  of  Representatives. 

155.  The  Third  Congressional  District  shall  be  com- 
posed of  the  First,  Second,  Third,  Fourth,  Fifth,  Sixth, 
Seventh,  Eighth  and  Twenty-Second  Wards  of  Baltimore 
city,  and  the  Ninth,  Tenth,  Eleventh  and  Thirteenth 
Election  Precincts  of  the  Eighteenth  Ward  of  Baltimore 
city,  as  said  wards  are  numbered  by  the  Act  of  1901, 
chapter  8,  and  shall  be  entitled  to  choose  one  Represen- 
tative in  the  House  of  Representatives. 

156.  The  Fourth  Congressional  District  shall  be  com- 
posed of  the  Ninth,  Tenth,  Eleventh,  Fourteenth,Twelf  th, 
Thirteenth,    Seventeenth,    Nineteenth    and  Twentieth 
Wards  of  Baltimore  city,  and  the  First,  Second,  Third 
and  Twelfth  Election  Precincts  of  the  Eighteenth  Ward 
of  Baltimore  city,  as  said  wards  are  numbered  by  the  Act 
of  1901,  chapter  8,  and  shall  be  entitled  to  choose  one 
Representative  in  the  House  of  Representatives. 

157.  The  Fifth  Congressional  District  shall  be  com- 
posed of  the  Twenty-first,  Twenty-third  and  Twenty- 
fourth  Wards  of  Baltimore  city,  and  the  Fourth,  Fifth, 
Sixth,  Seventh  and  Eighth  Election  Precincts  of  the 
Eighteenth  Ward  of  Baltimore  city,  as  said  wards  are 
numbered  by  the  Act  of  1901,  chapter  8,  and  of  St.  Mary's 
county,  Charles  county,  Calvert  county,  Prince  George's 
county,  Anne  Arundel  county  and  Howard  county,  and 
shall  be  entitled  to  choose  one  Representative  in  the 
House  of  Representatives. 

158.  The  Sixth  Congressional  District  shall  be  com- 
posed of  Allegany  county,  Garrett  county,  Washington 
county,  Frederick  county  and  Montgomery  county,  and 
shall  be  entitled  to  choose  one  Representative  in  the 
House  of  Representatives. 

159.  The  judges  of  the  election  districts  of  Baltimore 
county  forming  part  of  the  Second  Congressional  Dis- 
trict shall  make  a  return  separate  from  that  to  be  made 
by  the  judges  of  the  remaining  districts  of  said  county 
and  the  judges  of  the  election  precincts  of  Baltimore 
city  composing  the  Third  Congressional   District,   and 
the  judges  of  the  election  precincts  of  Baltimore  city, 
composing  the  Fourth  Congressional  District,  shall  re- 


95 

spectively,  make  separate  returns,  and  separate  returns 
shall  in  like  manner  be  made  by  the  judges  of  the  elec- 
tion precincts  in  said  city,  constituting  a  part  of  the 
Second  Congressional  District,  and  also  by  the  judges  of 
the  election  precincts  in  said  city  constituting  a  part  of 
the  Fifth  Congressional  District. 

160.  All  Public  General  Laws  or  Public  Local  Laws, 
or  parts  thereof,  which  are  inconsistent  with  the  provis- 
ions of  this  Article  are  hereby  repealed;  provided,  that 
every  offence  which  has  been  or  shall  have  been  wholly 
or  partly  committed  against  any  of  said  public  general  or 
public  local  laws,  or  parts  thereof,  before  April  2,  1896, 
shall  be  dealt  with,  inquired  into,  tried,  determined  and 
punished;  and  any  penalty  in  respect  to  any  such  offence 
shall  be  imposed  or  inflicted,  and  any  fine  shall  be  im- 
posed, enforced  or  recovered  in  the  same  manner  as  if 
the  said  laws  or  parts  thereof  had  not  been  repealed; 
and  no  case  pending  shall  abate,  by  reason  of  such  re- 
peal, and  every  act  duly  done  and  every  warrant  or  other 
instrument  duly  issued,  made  or  granted  before  April 
2,  1896,  shall  continue  and  be  of  the  same  force  and  ef- 
fect as  if  the  said  laws  or  parts  thereof  had  not  been  re- 
pealed; and  provided  also,  that  any  right,  liability,  privi- 
leges and  protection  in  respect  to  any  matter  or  thing 
committed  or  done  before  April  2,  1896,  shall  continue 
and  be  of  the  same  force  and  effect  as  if  the  said  laws 
or  parts  thereof  had  not  been  repealed;  and  every  action, 
prosecution  or  other  proceeding  which  shall  have  com- 
menced before  April  2,  1896,  or  shall  thereafter  be  com- 
menced in  respect  to  any  such  matter  or  thing  done  be- 
fore April  2,  1896,  may  be  prosecuted,  continued  and  de- 
fended in  the  same  manner  as  if  said  laws  or  parts  there- 
of had  not  been  repealed;  and  provided  also,  that  noth- 
ing in  this  Article  shall  be  construed  to  repeal  any  pro- 
visions of  the  existing  laws  applicable  to  the  city  of  Bal- 
timore for  the  prevention  of  the  sale  or  dispensing  of 
any  liquor  or  for  the  preservation  of  peace  and  order 
therein  on  any  election  day. 

PRIMARY  ELECTION  LAW  FOR  BALTIMORE  CITY. 

The  following  Primary  Election  Law  was  enacted  by 
chapter  296,  Acts  of  1902  and  amended  by  the  Acts  of 


96 

1904  and  1906,  and  is  a  part  of  Article  33  of  the  Code  of 
Public  General  Laws,  title  "Elections." 
CH.  407,  ACTS  OF  1906. 

Political  parties,  which  at  the  General  Election  held 
on  November  3,  1903,  .  polled  ten  per  cent,  of  the 
entire  vote  cast  in  the  State,  shall  hereafter  nominate 
their  candidates  for  public  office,  and  shall  elect  all  dele- 
gates to  conventions,  or  managing  bodies  in  said  political 
parties,  and  all  precinct,  ward,  city  and  county  execu- 
tives or  executive  committees,  not  appointed  by  party 
conventions,  whenever  the  political  party  usage  provides 
for  such  executives,  or  committees,  by  means  of  primary 
elections  conducted  under  the  provisions  of  this  Act,  and 
not  otherwise;  and  the  several  Boards  of  Supervisors  of 
Elections  shall  not  print  on  the  official  ballot  to  be  voted 
at  any  general  or  special  election  to  be  hereafter  held, 
the  names  of  any  candidates  of  any  of  said  parties  who 
shall  not  be  so  nominated,  and  whose  nominations  shall 
not  be  certified  to  them  or  to  the  Secretary  of  State,  as 
having  been  so  nominated;  such  candidates  may  be  nomi- 
nated by  direct  vote  of  the  duly  registered  voters  be- 
longing to  or  acting  with  such  parties  in  every  precinct, 
ward,  councilmanic,  legislative,  congressional  and  election 
district  in  Baltimore  city  and  the  several  counties,  re- 
spectively, or  they  may  be  nominated  by  city,  county  or 
district  conventions,  the  delegates  to  which  shall  be 
elected  at  primary  elections  duly  held  in  precincts,  wards, 
election,  councilmanic,  legislative,  congressional  and 
judicial  districts,  or  they  may  be  nominated  by  State  or 
other  conventions  composed  of  delegates  elected  by  city, 
county,  councilmanic,  legislative,  judicial  or  congressional 
district  conventions,  the  delegates  to  which  last  men- 
tioned several  conventions  shall  have  been  elected  at  said 
primary  elections,  as  shall  be  determined  from  time  to 
time  by  the  State  Central  Committee  or  other  governing 
body  of  said  political  parties.  Said  primary  election 
shall  be  annually  held  on  a  day  to  be  fixed  for  Baltimore 
city  and  the  several  counties  respectively,  by  an  agree- 
ment between  the  governing  bodies  of  said  parties  not 
later  than  the  third  Monday  of  September  in  each  year. 
The  day  for  holding  such  primary  elections  need  not  be 
the  same  in  Baltimore  city  and  in  the  several  counties, 
but  on  or  before  the  above  named  date,  be  held  in  Balti- 


97 

more  city  and  in  the  several  counties  upon  days  which 
shall  be  so  agreed  on,  and  in  case  such  governing  bodies 
shall  fail  to  agree  on  the  day  for  holding  said  primary 
elections,  either  in  the  city  of  Baltimore  or  in  any  of  the 
counties,  they  shall  be  held  in  said  city  and  in  said 
counties  on  the  third  Monday  of  September  in  each  year. 
Notice  shall  be  given  of  the  times  and  places  of  holding 
said  primary  elections  by  the  several  Boards  of  Super- 
visors of  Elections  in  the  same  way  precisely  as  notice  is 
required  to  be  given  for  municipal  and  county  elections 
held  under  the  provisions  of  Article  33  of  the  Code  of 
Public  General  Laws,  and  there  shall  be  at  every  primary 
election  a  voting  place  in  each  precinct  or  election  dis- 
trict, which  shall  be  selected  as  provided  in  section  12  of 
this  Article,  and  furnished  in  the  same  manner  as  at  a 
general  election;  they  shall  be  conducted  under  the  con- 
trol of  the  several  Boards  of  Supervisors  of  Elections, 
by  the  judges  and  clerks  of  elections  appointed  by 
them  under  the  provisions  of  said  Article  33  for  the 
conduct  of  elections  held  thereunder  in  Baltimore  city 
and  the  several  counties,  the  books  of  registry  fur- 
nished to  the  judges  at  each  polling  place,  and  shall 
be  used  at  such  elections  in  the  same  way  as 
they  are  now  used  at  municipal '  and  county  elections 
held  under  the  provisions  of  said  Article  33;  in  the  books 
of  registry  to  be  hereafter  prepared  for  use  in  Balti- 
more city  a  column  headed  voted  at  primary  elections, 
shall  be  used,  in  which  column  such  word  voted,  or  letter 
V,  shall  be  hereafter  entered  at  the  primary  election  at 
which  such  registry  shall  be  used  in  the  counties.  Until 
new  books  of  registry  shall  be  required  to  be  prepared 
according  to  existing  law,  the  present  books  of  registry 
shall  be  used  and  the  judges  shall  therein  make  a  column 

headed  voted  at  primary  election  of ,  and  enter 

in  like  manner  therein  the  word  voted,  or  letter  V.  Per- 
sons arriving  at  the  age  of  twenty-one  years  after  the 
closing  of  the  next  preceding  registration,  and  entitled 
to  be  registered  as  qualified  voters,  shall  be  entitled  to 
vote,  upon  proving  under  oath,  to  the  satisfaction  of  a 
majority  of  the  judges  of  election  their  right  to  regis- 
tration in  the  precinct  at  which  they  shall  claim  the 
right  to  vote;  official  ballots  shall  be  prepared  for  such 
primary  elections  by  the  several  Boards  of  Supervisors 
4 


98 

of  Elections,  as  is  now  provided  by  said  Article  33,  and 
the  said  several  Boards  of  Supervisors  shall  print  on  said 
official  ballots  the  names  of  all  candidates  and  the  names 
of  all  delegates  to  any  convention  or  nominating  con- 
vention, who  shall  become  duly  qualified  by  the  payment 
of  the  amount  herein  named,  and  shall  have  filed  a  cer- 
tificate in  writing  containing  the  name  of  the  person 
seeking  a  nomination,  his  residence,  his  business,  his  ad- 
dress, the  office  for  which  he  seeks  to  be  nominated,  and 
the  party  to  which  he  belongs;  and  the  certificate  for 
delegations  to  contain  the  names  of  each  person  or  dele- 
gate, his  residence,  his  business,  his  address,  the  conven- 
tion to  which  the  delegation  seeks  to  be  elected,  and  the 
party  to  which  the  members  of  the  delegation  belong, 
and  acknowledged  by  the  candidate  where  the  certificate 
is  filed  by  a  candidate  seeking  a  nomination,  and  by  a 
member  of  a  delegation  on  his  part,  and  on  the  part  of  the 
delegation,  when  filed  on  behalf  of  a  delegation  before  an 
officer  duly  authorized  to  take  acknowledgments,  who 
shall  append  a  certificate  of  such  acknowledgment  ;all  such 
certificates  must  be  filed  and  payments  made  not  less  than 
fifteen  days  before  the  day  or  days  of  said  several  primary 
elections;  the  names  of  the  several  candidates  or  of  the 
several  delegates  to  be 'elected  at  said  primary  election  to 
any  convention  or  nominating  convention  shall  be  publish- 
ed two  days  before  said  election,  in  the  mode  prescribed  in 
section  48  of  said  Article  33,  as  far  as  practicable;  it  shall 
not  be  necessary  to  print  sample  ballots  or  cards  of  in- 
struction for  such  elections,  but  either  or  both  shall  be 
printed  by  the  Board  of  Supervisors  of  Elections  of  the 
city  of  Baltimore  or  counties  of  the  State,  respectively, 
when  requested  by  any  candidate  or  delegate,  said  re- 
quest to  be  accompanied  by  a  sum  of  money  necessary 
to  cover  the  cost  of  printing;  each  candidate  for  nomi- 
nation for  public  office  at  a  primary  election  shall  pay 
the  sum  of  twenty-five  dollars,  and  each  delegation  to  a 
nominating  convention  shall  pay  the  sum  of  five  dollars 
upon  filing  their  certificate  with  the  Supervisors  of  Elec- 
tions, and  the  said  Board  of  Supervisors  shall  pay  over 
the  amount  so  received  to  the  Mayor  and  City  Council 
of  Baltimore  city,  and  the  County  Commissioners  of 
each  county,  and  all  the  expenses  of  holding  said  elec- 
tions shall  be  paid  by  the  Mayor  and  City  Council  of  Bal- 


99 

timore  and  the  County  Commissioners,  respectively, 
precisely  as  the  expenses  of  State,  city  and  county  elec- 
tions are  now  paid  under  existing  law.  If  such  nomina- 
tions are  to  be  made  by  conventions,  as  hereinbefore 
provided,  every  candidate  haying  complied  with  the  pre- 
requisites, shall  have  the  privilege  of  having  his  name 
placed  on  the  official  ballot  before  the  name  of  that  set 
of  delegates  selected  by  him  or  running  in  his  interest, 
and  every  vote  cast  for  said  candidate  by  marking  in 
the  square  opposite  his  name,  in  the  manner  and  form 
provided  by  this  Article,  shall  be  construed  and  counted 
for  his  entire  set  of  delegates,  unless  there  is  a  mark 
opposite  any  name  in  his  set  of  delegates,  in  which 
event  only  those  names  in  that  particular  set  of  dele- 
gates marked  in. the  square  opposite  shall  be  counted  as 
having  been  voted.  Whenever  the  name  of  any  candi- 
date is  so  placed  upon  the  ballot,  the  candidate's  surname 
shall  determine  his  place  upon  the  alphabetical  arrange- 
ment as  hereinbefore  provided  in  this  Article,  upon  said 
ballot,  and  the  names  of  his  delegates  shall  follow  im- 
mediately after  his  name  in  such  order  as  submitted  to 
the  Board  of  Supervisors  of  Elections.  Ballots  shall  be 
cast,  counted  and  canvassed,  and  the  result  of  the  elec- 
tion announced  and  certified,  as  now  provided  by  said 
Article  33,  for  elections  held  thereunder,  and  the  said 
elections  shall  be  held  and  conducted  in  the  manner  and 
form  provided  by  this  Article  for  general  elections,  and 
subject  to  all  the  regulations,  requirements  and  provisions 
as  prescribed  by  this  Article  for  general  elections,  in  so 
far  as  the  same  is  applicable  "to  said  primary  elections. 
Challengers  and  watchers  representing  the  candidates 
shall  be  allowed  to  be  present  at  the  several  voting  places 
during  the  voting  and  counting  of  the  ballots,  as  pro- 
vided in  said  Article  33.  As  many  different  set  of  offi- 
cial ballots  shall  be  printed  and  supplied  at  each  polling 
place,  and  as  many  ballot  boxes  shall  be  used  at  each 
polling  place  as  there  are  separate  party  nominations  to 
be  voted  for,  and  to  prevent  voters  belonging  to  or  acting 
with  one  political  party  from  inadvertently  or  intention- 
ally casting  their  ballot  for  the  candidates  for  nomina- 
tion or  election  as  delegates  to  any  nominating  conven- 
tion of  any  other  party,  the  ballots  of  the  several  parties 
shall  be  printed  upon  paper  of  different  colors,  and  until 


ICO 

after  the  next  general  registration,  every  person  offering 
to  vote,  shall  be  required  to  state  to  which  party  he  be- 
longs, and  which  party's  candidate  he  intends  to  vote  for 
at  the  State,  city  or  county  election,  and  he  shall  be  sup- 
plied only  with  the  official  ballot  prepared  for  the  can- 
didates of  such  party,  excepting  as  hereinafter  provided 
for  Baltimore  city.  As  each  voter's  name  shall  be  en- 
tered in  the  poll  books  kept  by  the  two  clerks  of  elec- 
tion, there  shall  be  entered  opposite  his  name  the  name 
of  the  party  whose  candidate  he  votes  for.  The  provis- 
ions, all  and  singular,  of  sections  37  to  115  of  this  Ar- 
ticle, both  inclusive,  and  the  offenses  defined  and  the 
penalties  and  punishments  prescribed  therefor  in  said 
sections  shall  be  fully  applicable  in  all  respects  to  the 
same  persons,  matters,  acts  and  omissions  in  connection 
with  or  pertaining  to  the  primary  election  held  under 
this  Article,  sub-title  "Primary  Elections,"  and  said  sec- 
tions are  hereby  made  applicable  to  all  primary  elections 
provided  for  and  held  hereunder,  and  any  judge,  clerk 
or  other  officer  of  any  primary  election,  or  any  voter  or 
other  person  who  would  be  deemed  guilty  of  any  offense 
against  the  general  election  law,  or  any  provisions  there- 
of, in  a  general  election,  who  is  found  guilty  of  the  same 
offense  in  any  primary  election,  as  herein  provided  for, 
shall  be  deemed  guilty  of  the  same  crime  of  which  his 
offence  is  made  to  consist  by  and  under  the  general  elec- 
tion law,  and  particularly  under  the  above  mentioned 
section  thereof,  and  shall  be  liable  to  the  same  punish- 
ment or  penalty  as  is  prescribed  for  such  offense  by  the 
general  election  law  or  by  any  of  said  sections  thereof; 
provided,  that  none  of  the  provisions  of  this  Act  relating 
to  the  holding  and  conduct  of  primary  elections,  shall  be 
applicable  to  primary  elections  for  the  nomination  of 
congressional  candidates  in  congressional  districts  which 
are  now  or  shall  be  composed  partly  of  counties  and 
partly  of  portions  of  Baltimore  city;  nor  is  the  selection 
of  delegates  to  the  national  nominating  convention  of 
any  political  party  subject  to  the  provisions  hereof,  nor 
is  the  selection  of  delegates  to  State,  Legislative  or  Con- 
gressional district  conventions  called  for  the  purpose  of 
choosing  delegates  to  said  National  Convention  and  for 
nominating  Presidential  electors;  nor  is  the  selection  of 
delegates  to  the  State  nominating  convention  of  any 


101 

political  party  subject  to  the  provisions  hereof;  nor  is 
the  selection  of  delegates  to  Legislative  district  conven- 
tions called  for  the  purpose  of  choosing  delegates  to  said 
State  nominating  conventions;  and,  provided  further, 
that  the  primary  election  law  in  force  in  Baltimore  city 
prior  to  the  passage  of  this  Act,  shall  continue  in  force 
and  shall  apply  only  to  primary  elections  for  Congres- 
sional candidates  held  in  those  portions  of  Baltimore 
city  which  forms  a  part  of  and  are  embraced  in  the 
Second  and  Fifth  Congressional  Districts  and  the  selec- 
tion of  delegates  to  the  State  nominating  convention,  as 
hereinbefore  provided. 

CHAPS.  182  AND  286,  ACTS  OF  1906. 

Primary  elections  for  Mayor,  Comptroller,  Presi- 
dent of  the  Second  Branch  City  Council  and  members  of 
the  City  Council  of  Baltimore  shall  be  held  in  all  re- 
spects according  to  the  foregoing  provisions,  except  that 
the  day  for  holding  the  same  shall  be  the  first  Tuesday 
of  April,  of  the  year  in  which  the  municipal  elections  in 
said  city  of  Baltimore  are  to  be  held,  and  at  every  gen- 
eral registration  held  in  Baltimore  city  subsequent  to 
the  passage  of  this  Act  there  shall  be  provided  in  the 
registration  books  an  additional  column,  headed,  "Party 
Affiliation,"  and  the  Board  of  Registers  shall  enter  in 
this  column  the  name  of  the  political  party,  if  any,  to 
which  the  voter  is  inclined  and  with  which  the  voter  de- 
sires to  have  himself  recorded  as  affiliated.  It  shall  be 
the  duty  of  the  Board  of  Registry  to  explain  to  each 
voter  that  the  statement  of  such  party  affiliation  does 
not  bind  him  to  vote  for  the  candidates  of  such  party  at 
any  given  election;  also,  that  he  has  the  right  to  decline 
to  state  any  party  affiliation,  but  that  no  one  who  is  not 
recorded  upon  the  registry  as  affiliated  with  a  particular 
political  party,  will  be  qualified  to  vote  at  subsequent 
primary  elections  of  said  political  party. 

Wherever  a  voter  declines  to  state  his  party  affiliation, 
the  word  "Declined"  shall  be  written  opposite  his  name 
under  such  column,  so  that  there  shall  be  written  in  such 
column,  opposite  the  name  of  every  registered  voter, 
either  his  party  affiliation  or  the  word  "Declined."  And 
in  all  primary  elections  thereafter  held,  any  person  so 
registered  as  affiliated  with  a  given  political  party,  shall 
have  the  right  to  receive  and  vote  the  official  ballot  of 


102 

that  party  and  of  no  other.  And  at  any  intermediate 
registration  subsequent  to  the  close  of  the  next  general 
registration,  such  voter  may  appear  before  the  Board  of 
Registry,  and  upon  his  identity  being  established  to  the 
satisfaction  of  the  majority  of  the  Board  of  Registry,  he 
shall  have  the  right  to  require  the  said  Board  of  Registry 
to  make,  alter  or  strike  out  any  entry  in  the  column 
headed  "Party  Affiliation"  opposite  his  name  in  the 
registry. 

It  shall  be  the  duty  of  the  Board  of  Registry  to  enter 
in  the  column  headed  "Remarks,"  the  fact  that  such 
entry  was  made,  altered  or  stricken  out  and  the  date 
thereof. 

ACTS  OF  1902,  CHAPTER  296. 

For  the  performance  of  the  duties  imposed  upon 
them  by  this  Act,  the  Supervisors  of  Elections  of  Balti- 
more city  shall  be  entitled  to  receive  in  addition  to  the 
annual  salary  of  fifteen  hundred  dollars  allowed  them  by 
section  2  of  Article  33,  the  further  annual  salary  of  one 
thousand  dollars  each,  and  the  Supervisors  of  Elections 
of  the  several  counties,  in  addition  to  the  annual  salary 
of  one  hundred  dollars  each  allowed  to  them  by  section  2 
of  said  Article  33,  shall  be  entitled  to  receive  an  addi- 
tional compensation  to  be  paid  by  the  County  Commis- 
sioners of  the  several  counties  amounting  to  fifty  per 
cent,  of  the  salary  now  received  by  them  under  said  sec- 
tion in  the  counties  not  excepted  from  the  operation  of 
this  law,  and  such  further  sum  for  expenses  incurred  in 
the  performance  of  the  duties  imposed  on  them  by  this 
Act  as  the  said  several  Board  of  County  Commissioners 
shall  allow.  The  Supervisors  of  Elections  of  Baltimore 
city,  in  addition  to  the  sums  allowed  them  by  section  6 
of  said  Article  33,  as  compensation  for  their  clerk  and 
messenger  and  other  temporary  assistance,  such  as  is 
mentioned  in  said  section  6  of  said  Article  33,  shall  be 
allowed  the  further  sum  of  fifteen  hundred  dollars,  and 
the  Supervisors  of  Elections  of  the  several  counties  shall 
be  entitled  to  receive  for  such  additional  clerical  or  other 
assistance  as  they  may  need  for  the  performance  of  the 
duties  imposed  upon  them  by  this  Act  a  sum  not  exceed- 
ing fifty  per  qent.  of  the  present  salary  for  that  purpose 
in  the  counties  not  excepted  from  the  operation  of  thi  s 


103 

law.  All  of  said  expenses  shall  be  paid  by  the  Mayor 
and  City  Council  of  Baltimore  and  the  County  Commis- 
sioners respectively,  in  precisely  the  same  way  as  the 
salaries  of  the  said  Supervisors  of  Elections  of  Baltimore 
city,  and  in  the  several  counties,  and  as  other  expenses 
of  every  kind  mentioned  in  said  sections  2  and  6  of  Ar- 
ticle 33  are  provided  to  be  paid. 

And  be  it  further  enacted,  that  sections  402  to 
425,  both  inclusive  of  Article  4  of  the  Code  of  Public 
Local  Laws,  title  "City  of  Baltimore,"  sub-title  "Elec- 
tions, Primary,"  as  the  same  were  re-enacted  by  the  Act 
of  1898,  chapter  123  and  chapter  548  of  the  Acts  of  1892, 
entitled  "An  Act  to  punish  misconduct  at  Primary  Elec- 
tions in  Montgomery  County,"  be  and  the  same  are  here- 
by severally  repealed,  and  the  aforegoing  sections  152, 
153  and  154  be  and  the  same  are  hereby  declared  and 
enacted  as  a  substitute  for  all  said  Public  Local  Laws, 
and  all  parts  thereof;  provided,  however,  that  nothing 
contained  in  this  Act  shall  be  taken  or  construed  to  re- 
peal or  modify  the  provisions  of  the  existing  law  pro- 
viding for  and  regulating  the  manner  of  making  inde- 
pendent nominations  for  any  office,  except  that  the  in- 
dividual signatures  required  under  section  38  of  chapter 
202  of  the  Acts  of  1896,  shall  be  required  to  accompany 
the  same  by  an  affidavit  made  before  a  justice  of  the 
peace,  and  so  certified  to  by  him  and  signed  by  the  affiant 
to  the  effect  that  he,  the  said  signer  of  such  certificate 
of  nomination  intends  to  vote  for  the  person  or  persons 
to  be  nominated  thereby. 

And  be  it  further  enacted,  that  in  the  event  of 
the  passage  of  any  Act  by  the  General  Assembly  of 
Maryland  during  the  session  of  1902,  providing  for  any 
changes  in  the  wards  or  precinct  boundaries  of  the  city 
of  Baltimore,  the  Board  of  Supervisors  of  Elections  of 
the  city  of  Baltimore  are  hereby  directed  and  empowered 
to  provide  and  furnish  such  copies  of  the  original  books 
of  registry  of  the  year  1901,  now  in  the  office  of  the 
said  Board  of  Supervisors  of  Elections  of  the  city  of 
Baltimore,  as  may  be  necessary  by  reason  of  said  changes 
in  said  wards  or  precincts,  to  supply  each  precinct  in 
said  city  with  the  names  of  the  registered  voters  of 
said  precincts,  which  said  copies  shall  have  the  same 


104 

force  and  effect  in  law  as  said  original  books  of  regis- 
try, said  copies  of  said  books  of  registry  to  be  used  in  all 
primary  elections  held  under  the  provisions  of  this  Act 
prior  to  the  next  annual  registration  held  in  said  city  of 
Baltimore;  provided,  however,  that  nothing  in  this  Act 
shall  apply  to  the  counties  of  Worcester,  Carroll,  Howard, 
Frederick,  Washington,  Queen  Anne's,  Prince  George's., 
Wicomico,  Allegany,  St.  Mary's,  Dorchester,  Caroline, 
Somerset,  Kent,  Calvert,  Cecil,  Anne  Arundel,  Baltimore, 
Montgomery,  Harford,  Charles,  Garrett  and  Talbot. 

ACTS  OF  1898,  CHAPTER  75. 

An  Act  to  repeal  section  13  of  Article  1  of  the  Code  of 
Public  General  Laws,  as  enacted  by  chapter  113  of  the 
Acts  of  1896,  and  to  add  two  sections  to  said  Article,  to 
follow  section  8. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of 
Maryland,  That  section  13  of  Article  1  of  the  Code  of 
Public  General  Laws,  title  "Rules  of  Interpretation,"  be 
and  the  same  is  hereby  repealed,  and  the  following  sec- 
tions are  hereby  added  to  said  Article  to  follow  section 
8  and  to  be  numbered  8A  and  8B. 

8A.  The  form  of  judicial  and  all  other  oaths  to  be 
taken  or  administered  in  this  State,  and  not  prescribed 
by  the  Constitution,  shall  be  as  follows:  "In  the  presence 
of  Almighty  God,  I  do  solemnly  promise  or  declare," 
etc.  And  it  shall  not  be  lawful  to  add  to  any  oath  the 
words,  "So  help  me  God,"  or  any  imprecatory  words 
whatever. 

8B.  The  manner  of  administering  oaths  shall  be  by 
requiring  the  person  making  the  same  to  hold  up  his 
hand  in  token  of  his  recognition  of  the  solemnity  of  the 
act,  except  cases  wherein  this  form  is  not  practicable,  or 
when  it  shall  in  those  appear  that  some  other  mode  is 
more  binding  upon  the  conscience  of  the  swearer. 

Approved,  March  22,  1898. 

ACTS  OF  1890,  CHAPTER  67. 

An  Act  to  repeal  and  re-enact  with  an  amendment 
section  15  of  Article  41  of  the  Code  of  Public  General 
Laws,  title  "Governor." 

Section  1.  Be  it  enacted  by  the  General  Assembly  of 
Maryland,  That  section  15  of  Article  41  of  the  Code  of 


105 

Public  General  Laws,  title  "Governor,"  be  and  the  same 
is  hereby  repealed  and  re-enacted  with  an  amendment 
so  as  to  read  as  follows: 

15.  The  Governor,  upon  receiving  the  returns  of  the 
election  for  electors  to  choose  a  President  and  Vice-Presi- 
dent of  the  United  States  and  for  members  to  represent 
this  State  in  the  Congress  of  the  United  States,  shall 
enumerate  and  ascertain  the  number  of  votes  given  for 
each  person  voted  for  as  an  elector  and  member  of  Con- 
gress respectively,  and  shall  thereupon  declare  by  pro- 
clamation, signed  by  him,  the  name  or  names  of  the  per- 
son or  persons  duly  elected  and  shall  cause  such  procla- 
mation to  be  inserted  in  such  newspapers  as  he  may  direct. 

Section  2.  And  be  it  further  enacted,  That  this  Act 
shall  take  effect  from  the  date  of  its  passage. 

Approved,  February  28th,  1890. 

ACTS  OF  1901,  CHAPTER  8. ' 

An  Act  to  repeal  sections  657  and  211  of  the  Acts  of 
1898,  chapter  123,  entitled  "City  of  Baltimore,"  sub-title 
"Charter,"  and  to  enact  in  lieu  of  section  657  three  sec- 
tions to  be  known  as  "Sections  657,  657  A  and  657  B,"  and 
to  re-enact  section  211  with  amendments. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of 
Maryland,  That  sections  657  and  211  of  the  Acts  of  1898, 
chapter  123,  entitled  "City  of  Baltimore,"  sub-title 
"Charter,"  be  and  the  same  are  hereby  repealed;  that 
three  sections,  be  and  they  are  hereby  enacted  in  lieu  of 
section  657,  and  to  be  known  as  657,  657  A  and  657  B, 
and  that  section  211  be  re-enacted  with  amendments  all 
of  which  to  read  as  follows: 

657.  That  the  twenty-four  wards,  into  which  the  city 
of  Baltimore  is  now  divided,  shall  be  numbered  as  follows: 
The  present  first  ward  shall  in  future  be  known  and  num- 
bered twenty-second  ward;  the  present  second  ward  shall 
in  future  be  known  and  numbered  fourth  ward;  the  pres- 
ent third  ward  shall  in  future  be  known  and  numbered 
fifth  ward;  the  present  fourth  ward  shall  in  future  be 
known  and  numbered  third  ward;  the  present  fifth  ward 
shall  in  future  be  known  and  numbered  second  ward; 
the  present  sixth  ward  shall  in  future  be  known  and 
numbered  first  ward;  the  present  seventh  ward  shall  in 
future  be  known  and  numbered  sixth  ward;  the  present 


106 

eighth  ward  shall  in  future  be  known  and  numbered 
seventh  ward;  the  present  ninth  ward  shall  in  future  be 
known  and  numbered  eighth  ward;  the  present  tenth 
ward  shall  in  future  be  known  and  numbered  tenth 
ward;  the  present  eleventh  ward  shall  in  future  be  known 
and  numbered  ninth  ward;  the  present  twelfth  ward 
shall  in  future  be  known  and  numbered  twelfth  ward; 
the  present  thirteenth  ward  shall  in  future  be  known 
and  numbered  eleventh  ward;  the  present  fourteenth 
ward  shall  in  future  be  known  and  numbered  seven- 
teenth ward;  the  present  fifteenth  ward  shall  in  future 
be  known  and  numbered  fourteenth  ward;  the  present 
sixteenth  ward  shall  in  future  be  known  and  numbered 
thirteenth  ward;  the  present  seventeenth  ward  shall  in 
future  be  known  and  numbered  fifteenth  ward;  the 
present  eighteenth  ward  shall  in  future  be  known  and 
numbered  sixteenth  ward;  the  present  nineteenth  ward 
shall  in  future  be  known  and  numbered  twentieth  ward; 
the  present  twentieth  ward  shall  in  future  be  known 
and  numbered  nineteenth  ward;  the  present  twenty-first 
ward  shall  in  future  be  known  and  numbered  eighteenth 
ward;  the  present  twenty-second  ward  shall  in  future  be 
known  and  numbered  twenty-first  ward;  the  present 
twenty-third  ward  shall  in  future  be  known  and  num- 
bered twenty- third  ward;  and  the  present  twenty-fourth 
ward  shall  in  future  be  known  and  numbered  twenty- 
fourth  ward. 

ACTS  OF  1902,  CHAPTER  602. 

657A.  The  First  Legislative  District  of  Baltimore  city 
shall  be  and  consist  of  the  wards  as  newly  numbered  by 
the  Act  of  1901,  chapter  8,  from  1  to  6,  both  inclusive,  as 
said  wards  were  laid  out  under  the  provisions  of  the  Act  of 
1898,  chapter  10,  approved  February  19, 1898  ;and  the  Sec- 
ond Legislative  District  of  Baltimore  city  shall  be  and 
consist  of  the  following  wards,  as  newly  numbered  by  the 
Act  of  1901,  chapter  8,  namely:  Seventh,  Eighth,  Ninth, 
Twelfth,  Thirteenth  and  Fifteenth,  as  said  wards  were 
laid  out  under  the  provisions  of  the  Act  of  1898,  aforesaid, 
and  the  Third  Legislative  District  of  Baltimore  city  shall 
be  and  consist  of  the  following  wards,  as  newly  numbered 
by  the  Act  of  1901,  chapter  8,  namely:  Tenth,  Eleventh, 
Fourteenth,  Sixteenth,  Nineteenth  and  Twentieth,  as 
said  wards  were  laid  out  under  the  provisions  of  the  Act 


107 

of  1898,  aforesaid;  and  the  Fourth  Legislative  District 
of  Baltimore  city  shall  be  and  consist  of  the  following 
wards,  as  newly  numbered  by  the  Act  of  1901,  chapters, 
namely:  Seventeenth,  Eighteenth,  Twenty-first,  Twenty- 
second,  Twenty-third  and  Twenty-fourth,  as  said  wards 
were  laid  out  under  the  provisions  of  the  Act  of  1898 
aforesaid. 

657  B.  The  First  Councilmanic  District  shall  be  and 
consist  of  the  wards  as  newly  numbered  by  this  Act  from 
one  to  six,  both  inclusive,  as  said  wards  were  laid  out 
under  the  provisions  of  the  Act  of  1898,  aforesaid;  that 
the  Second  Councilmanic  District  shall  be  and  consist  of 
the  following  wards,  as  newly  numbered  by  this  Act, 
namely:  Seventh,  Eighth,  Ninth,  Twelfth,  Thirteenth 
and  Fifteenth,  as  said  wards  were  laid  out  under  the  pro- 
visions of  the  Act  of  1898,  aforesaid;  that  the  Third 
Councilmanic  District  shall  be  and  consist  of  the  follow- 
ing wards  as  newly  numbered  by  this  Act,  namely:  Tenth, 
Eleventh,  Fourteenth,  Sixteenth,  Nineteen  and  Twen- 
tieth, as  said  wards  were  laid  out  under  the  provisions  of 
the  Act  of  1898,  aforesaid;  that  the  Fourth  Councilmanic 
District  shall  be  and  consist  of  the  following  wards,  as 
newly  numbered  by  this  Act,  Seventeenth,  Eighteenth, 
Twenty- first,  Twenty-second,  Twenty-third  and  Twenty- 
fourth,  as  said  wards  were  laid  out  under  the  provisions 
of  the  Act  of  1898  aforesaid. 

211.  The  Second  Branch  shall  consist  of  nine  members, 
one  of  whom  shall  be  president  thereof,  and  shall  possess 
the  qualifications  and  be  elected  as  hereinafter  provided. 
The  other  eight  members  shall  be  elected  from  four  Coun- 
cilmanic Districts,  two  from  each  district;  said  district  to 
be  established  and  fixed  as  herein  defined  by  this  Act.  The 
members  of  the  Second  Branch,  excepting  the  president 
thereof,  shall  be  citizens  of  the  United  States,  above  the 
age  of  twenty-five  years,  residents  of  the  city  of  Baltimore 
four  years  prior  to  the  election,  each  of  whom  has  been 
assessed  with  property  in  said  city  in  the  sum  of  five 
hundred  dollars,  and  who  has  paid  taxes  on  the  same  for 
two  years  prior  to  his  election;  and  the  said  members  of 
the  Second  Branch  shall  hold  their  offices  for  four  years, 
except  as  provided  in  section  213  of  this  *  Article,  and  each 
of  them  shall  be  paid  a  salary  of  one  thousand  dollars 
per  annum,  payable  monthly. 

*Refers  to  Baltimore  City  Code,  Article  4,  Public  Local  Laws. 


108 

Section  2.  And  be  it  further  enacted,  That  nothing  in 
this  Act  shall  affect  the  terms  of  the  present  Senators 
and  Members  of  the  House  of  Delegates  from  Baltimore 
city,  but  they  shall  severally  continue  to  represent  the 
respective  legislative  districts  for  which  they  were 
elected  until  the  end  of  their  terms  respectively  as  fully 
as  if  this  Act  had  not  been  passed.  Nor  shall  anything 
in  this  Act  affect  the  terms  of  the  Members  of  the  First 
Branch,  nor  of  the  Members  of  the  Second  Branch  of 
the  City  Council,  but  they  shall  severally  continue  to 
represent  the  wards  and  councilmanic  districts  for  which 
they  were  elected,  until  the  expiration  of  their  terms 
respectively  as  fully  as  if  this  Act  had  not  been  passed, 
nor  shall  anything  in  this  Act  affect  the  terms  or  the 
jurisdiction  of  any  of  the  Justices  of  the  Peace  in  and 
for  the  city  of  Baltimore,  or  other  officials  in  said  city, 
but  they  shall  be  entitled  to  continue  to  discharge  their 
duties  and  exercise  their  jurisdiction  until  the  expira- 
tion of  their  terms  as  fully  as  if  this  Act  had  not  been 
passed. 

Section  3.  And  be  it  further  enacted,  That  this  Act 
shall  take  effect  from  the  date  of  its  passage. 


EXTRACTS 


FROM  THE  BILL  OF  RIGHTS  AND  THE  CONSTITU- 
TION OF  MARYLAND  APPLICABLE  TO 
ELECTIONS. 


BILL  OF  RIGHTS. 

ARTICLE  7. 

That  the  right  of  the  people  to  participate  in  the  Leg- 
islature is  the  best  security  of  liberty  and  the  foundation 
of  all  free  government,  for  this  purpose  elections  ought 
to  be  free  and  frequent;  and  every  male  citizen,  having 
the  qualifications  prescribed  by  the  Constitution,  ought 
to  have  the  right  of  suffrage. 

CONSTITUTION. 
ARTICLE  I. 

ELECTIVE  FRANCHISE. 

Section  1.  All  elections  shall  be  by  ballot,  and  every 
male  citizen  of  the  United  States,  of  the  age  of  twenty- 
one  years  or  upwards,  who  has  been  a  resident  of  the 
State  for  one  year,  and  of  the  Legislative  district  of  Bal- 
timore city,  or  of  the  county  in  which  he  may  offer  to 
vote,  for  six  months  next  preceding  the  election,  shall  be 
entitled  to  vote,  in  the  ward  or  election  district  in  which 
he  resides,  at  all  elections  hereafter  to  be  held  in  this 
State;  and  in  case  any  county  or  city  shall  be  so  divided 
as  to  form  portions  of  different  electoral  districts,  for 
the  election  of  Representatives  in  Congress,  Senators, 
Delegates  or  other  officers,  then,  to  entitle  a  person  to 
vote  for  such  officers,  he  must  have  been  a  resident  of  that 
part  of  the  county  or  city,  which  shall  form  a  part  of  the 
electoral  district  in  which  he  offers  to  vote,  for  six 
months  next  preceding  the  election,  but  a  person,  who 
shall  have  acquired  a  residence  in  such  county  or  city, 
entitling  him  to  vote  at  any  such  election,  shall  be  en- 
titled to  vote  in  the  election  district  from  which  he  re- 
moved, until  he  shall  have  acquired  a  residence  in  the 
part  of  the  county  or  city  to  which  he  has  removed. 


110 

Sec.  2.  No  person  above  the  age  of  twenty-one  years, 
convicted  of  larcency  or  other  infamous  crime,  unless 
pardoned  by  the  Governor,  shall  ever  thereafter  be  en- 
titled to  vote  at  any  election  in  this  State;  and  no  person 
under  guardianship  as  a  lunatic,  or  as  a  person  non  com- 
pos mentis,  shall  be  entitled  to  vote. 

Sec.  3.  If  any  persons  shall  give  or  offer  to  give,  direct- 
ly or  indirectly,  any  bribe,  present,  or  reward,  or  any 
promise,  or  any  other  thing,  to  induce  any  voter  to  re- 
frain from  casting  his  vote,  or  to  prevent  him  in  any  way 
from  voting,  or  to  procure  a  vote  for  any  candidate  or 
persons  proposed,  or  voted  for,  as  elector  of  President 
and  Vice-President  of  the  United  States,  or  Representa- 
tive in  Congress,  or  for  any  office  of  profit  or  trust, 
created  by  the  Constitution  or  laws  of  this  State,  or  by 
the  ordinances,  or  authority  of  the  Mayor  and  City  Coun- 
cil of  Baltimore,  the  person  giving,  or  offering  to  give, 
and  the  person  receiving  the  same,  and  any  person  who 
gives,  or  causes  to  be  given,  an  illegal  vote,  knowing  it 
to  be  such,  at  any  election  to  be  hereafter  held  in  this 
State,  shall,  on  conviction  in  a  court  of  law,  in  addition 
to  the  penalties  now  or  hereafter  to  be  imposed  by  law, 
be  forever  disqualified  to  hold  any  office  of  profit  or  trust, 
or  to  vote  at  any  election  thereafter. 

Sec.  4.  It  shall  be  the  duty  of  the  General  Assembly  to 
pass  laws  to  punish,  with  fine  and  imprisonment,  any  per- 
son who  shall  remove  into  any  election  district  or  precinct 
of  any  ward  of  the  city  of  Baltimore,  not  for  the  purpose 
of  acquiring  a  bona-fide  residence  therein,  but  for  the 
purpose  of  voting  at  an  approaching  election,  or  who  shall 
vote  in  any  election  district  or  ward  in  which  he  does  not 
reside  (except  in  the  case  provided  for  in  this  Article,)  or 
shall,  at  the  same  election,  vote  in  more  than  one  election 
district,  or  precinct,  or  shall  vote  or  offer  to  vote  in  any 
name  not  his  own,  or  in  place  of  any  other  person  of  the 
same  name,  or  shall  vote  in  any  county  in  which  he  does 
not  reside. 

Sec.  5.  The  General  Assembly  shall  provide  by  law  for 
a  uniform  registration  of  the  names  of  all  voters  in  this 
State  who  possess  the  qualifications  prescribed  in  this  Ar- 
ticle, which  registration  shall  be  conclusive  evidence  to 
the  judges  of  election  to  the  right  of  every  person  thus 


Ill 

registered  to  vote  at  any  election  thereafter  held  in  this 
State  but  no  person  shall  vote  at  any  election,  Federal  or 
State,  hereafter,  to  be  held  in  this  State,  at  any  munici- 
pal election  in  the  city  of  Baltimore,  unless  his  name  ap- 
pears in  the  list  of  registered  voters,  and  until  the  Gen- 
eral Assembley  shall  hereafter  pass  an  act  for  the  regis- 
tration of  the  names  of  voters,  the  law  in  force  on  the 
first  day  of  June,  in  the  year  eighteen  hundred  and  sixty- 
seven,  in  reference  thereto,  shall  be  continued  in  force, 
except  so  far  as  it  may  be  inconsistent  with  the  provisions 
of  this  Constitution;  and  the  registry  of  voters,  made  in 
pursuance  thereof,  may  be  corrected,  as  provided  in  said 
law;  but  the  names  of  all  persons  shall  be  added  to  the 
list  of  qualified  voters  by  the  officers  of  registration,  who 
have  the  qualifications  prescribed  in  the  first  section  of 
this  Article,  and  who  are  not  disqualified  under  the  pro- 
visions of  the  second  and  third  sections  thereof. 

Sec.  6.  Every  person  elected  or  appointed  to  any  office 
of  profit  or  trust,  under  this  Constitution,  or  under  the 
laws,  made  pursuant  thereto,  shall,  before  he  enters  upon 
the  duties  of  such  office,  take  and  subscribe  the  follow- 
ing oath  or  affirmation;  I, ,  do  swear  (or  affirm,  as 

the  case  may  be,)  that  I  will  support  the  Constitution  of 
the  United  States,  and  that  I  will  be  faithful  and  bear 
true  allegiance  to  the  State  of  Maryland,  and  support  the 
Constitution  and  laws  thereof;  and  that  I  will,  to  the  best 
of  my  skill  and  judgment,  diligently  and  faithfully,  with- 
out partiality  or  prejudice,  execute  the  office  of 

according  to  the  Constitution  and  laws  of  this  State  (and 
if  Governor,  Senator,  Member  of  the  House  of  Delegates 
or  Judge;)  that  I  will  not,  directly  or  indirectly,  receive 
the  profits,  or  any  parts  of  the  profits,  of  any  other  office 
during  the  term  of  my  acting  as . 

Sec.  7.  Every  person  hereafter  elected  or  appointed  to 
office  in  this  State,  who  shall  refuse  or  neglect  to  take 
the  path  or  affirmation  of  office  provided  for  in  the  sixth 
section  of  this  Article,  shall  be  considered  as  having  re- 
fused to  accept  the  said  office;  and  a  new  election  or  ap- 
pointment shall  be  made,  as  in  case  of  refusal  to  accept, 
or  resignation  of  an  office;  and  any  person  violating  said 
oath,  shall,  on  conviction  thereof,  in  a  court  of  law,  in 
addition  to  the  penalties  now  or  hereafter  to  be  imposed 


112 

by  law,  be  thereafter  incapable  of  holding  any  office  of 
profit  or  trust  in  this  State. 

ARTICLE  II. 

Section  2.  An  election  for  Governor,  under  this  Con- 
stitution, shall  be  held  on  the  Tuesday  next  after  the 
first  Monday  in  November,  in  the  year  eighteen  hundred 
and  sixty-seven,  and  on  the  same  day  and  month  of 
every  fourth  year  thereafter,  at  the  places  of  voting  for 
Delegates  to  the  General  Assembly;  and  every  person 
qualified  to  vote  for  Delegate  shall  be  qualified  and  en- 
titled to  vote  for  Governor;  the  election  to  be  held  in  the 
same  manner  as  the  election  of  Delegates,  and  the  re- 
turns thereof  under  seal  to  be  addressed  to  the  Speaker 
of  the  House  of  Delegates,  and'inclosed  and  transmitted 
to  the  Secretary  of  State,  and  delivered  to  said  Speaker, 
at  the  commencement  of  the  session  of  the  General  As- 
sembly next  ensuing  said  election. 

Sec.  3.  The  Speaker  of  the  House  of  Delegates  shall 
then  open  tne  said  returns  in  the  presence  of  both  Houses; 
and  the  person  having  the  highest  number  of  votes,  and 
being  constitutionally  eligible,  shall  be  the  Governor,  and 
shall  qualify,  in  the  manner  herein  prescribed,  on  the 
second  Wednesday  of  January  next  ensuing  his  election, 
or  as  soon  thereafter  as  may  be  practicable. 

Sec.  4.  If  two  or  more  persons  shall  have  the  highest 
and  an  equal  number  of  votes  for  Governor,  one  of  them 
shall  be  chosen  Governor  by  the  Senate  and  House  of 
Delegates;  and  all  questions  in  relation  to  the  eligibility 
of  Governor,  and  to  the  returns  of  said  election,  and  to 
the  number  and  legality  of  the  votes  therein  given,  shall 
be  determined  by  the  House  of  Delegates;  and  if  the 
person  or  persons  having  the  highest  number  of  votes  be 
ineligible,  the  Governor  shall  be  chosen  by  the  Senate  and 
House  of  Delegates.  Every  election  of  Governor  by  the 
General  Assembly  shall  be  determined  by  a  joint  majority 
of  the  Senate  and  House  of  Delegates,  and  the  vote  shall 
be  taken  viva  voce.  But  if  two  or  more  persons  shall 
have  the  highest  and  an  equal  number  of  votes,  then  a 
second  vote  shall  be  taken,  which  shall  be  confined  to  the 
persons  having  an  equal  number;  and  if  the  vote  should 
again  be  equal,  then  the  election  of  Governor  shall  be 


113 

determined  by  lot  between  those  who  shall  have  the 
highest  and  an  equal  number  on  the  first  vote. 

Sec.  5.  A  person  to  be  eligible  to  the  office  of  Gover- 
nor must  have  attained  the  age  of  thirty  years,  and  must 
have  been  for  ten  years  a  citizen  of  the  State  of  Mary- 
land, and  for  five  years  next  preceding  his  election  a 
resident  of  the  State,  and,  at  the  time  of  his  election,  a 
qualified  voter  therein. 

ARTICLE  III. 

Section  2.  The  city  of  Baltimore  shall  be  divided  into 
four  legislative  districts,  as  near  as  may  be,  of  equal 
population  and  of  contiguous  territory,  and  each  of  said 
legislative  districts  of  Baltimore  city,  as  they  may  from 
time  to  time  be  laid  out,  in  accordance  with  the  provisions 
hereof,  and  each  county  in  the  State  shall  be  entitled  to 
one  Senator,  who  shall  be  elected  by  the  qualified  voters 
of  the  said  legislative  districts  of  Baltimore  city,  and  of 
the  counties  of  the  State,  respectively,  and  shall  serve  for 
four  years  from  the  date  of  his  election,  subject  to  the 
classification  of  Senators  hereafter  provided  for. 

Sec.  4.  As  soon  as  may  be  after  the  taking  and  pub- 
lishing of  the  next  national  census,  or  after  the  enumer- 
ation of  the  population  of  this  State,  under  the  authority 
thereof,  there  shall  be  an  appointment  of  representation 
in  the  House  of  Delegates,  to  be  made  on  the  following 
basis  towit :  Each  of  the  several  counties  of  the  State  hav- 
ing a  population  of  eighteen  thousand  souls,  or  less,  shall 
be  entitled  to  two  Delegates;  and  every  county  having  a 
population  of  over  eighteen  thousand,  and  less  than 
twenty-eight  thousand  souls,  shall  be  entilled  to  three 
Delegates;  and  every  county,  having  a  population  of 
twenty-eight  thousand,  and  less  than  forty  thousand 
souls,  shall  be  entitled  to  four  Delegates;  and  every 
county  having  a  population  of  forty  thousand,  and  less 
than  fifty-five  thousand  souls,  shall  be  entitled  to 
five  Delegates;  and  every  county  having  a  popula- 
tion of  fifty-five  thousand  souls  and  upwards  shall 
be  entitled  to  six  Delegates,  and  no  more;  and  each  of 
the  four  Legislative  Districts  of  Baltimore  city  shall 
be  entitled  to  the  number  of  Delegates  to  which  the 
largest  county  shall  or  may  be  entitled,  under 
the  foregoing  apportionment.  And  the  General  Assem- 


114 

bly  shall  have  power  to  provide  by  law,  from  time  to 
time,  for  altering  and  changing  the  boundaries  of  the 
existing  Legislative  Districts  of  the  City  of  Baltimore, 
so  as  to  make  them,  as  near  as  may  be,  of  equal  popula- 
tion ;  but  each  district  shall  always  consist  of  contiguous 
territory. 

Sec.  5.  Immediately  after  the  taking  and  publishing 
of  the  next  national  census,  or  after  any  State  enumera- 
tion of  population,  as  aforesaid,  it  shall  be  the  duty  of 
the  Governor,  then  being,  to  arrange  the  representation 
in  said  House  of  Delegates  in  accordance  with  the  ap- 
portionment herein  provided  for;  and  to  declare,  by  pro- 
clamation, the  number  of  Delegates  to  which  each  county 
and  the  City  of  Baltimore  may  be  entitled  under  such 
apportionment;  and  after  every  national  census  taken 
thereafter,  or  after  any  State  enumeration  of  population 
thereafter  made,  it  shall  be  the  duty  of  the  Governor, 
for  the  time  being,  to  make  similar  adjustment  of  repre- 
sentation, and  to  declare  the  same  by  proclamation,  as 
aforesaid. 

Sec.  6.  The  members  of  the  House  of  Delegates  shall 
be  elected  by  the  qualified  voters  of  the  counties  and  the 
Legislative  Districts  of  Baltimore  city,  respectively,  to 
serve  for  two  years  from  the  day  of  their  election. 

Sec.  7.  The  first  election  for  Senators  and  Delegates 
shall  take  place  on  the  Tuesday  next  after  the  first  Mon- 
day in  the  month  of  November,  eighteen  hundred  and 
sixty-seven;  and  the  election  for  Delegates  and  as  nearly 
as  practicable,  for  one-half  of  the  Senators,  shall  be  held 
on  the  same  day,  in  every  second  year  thereafter. 

Sec.  8.  Immediately  after  the  Senate  shall  have  con- 
vened, after  the  first  election  under  this  Constitution,  the 
Senators  shall  be  divided  by  lot  into  two  classes,  as  nearly 
equal  in  number  as  may  be.  Senators  of  the  first  class  shall 
go  out  of  office  at  the  expiration  of  two  years,  and  Sena- 
tors shall  be  elected  on  the  Tuesday  next  after  the  first 
Monday  in  the  month  of  November,  eighteen  hundred 
and  sixty-nine  for  the  term  of  four  years,  to  supply  their 
places;  so  that,  after  the  first  election,  one-half  of  the 
Senators  may  be  chosen  every  second  year.  In  case  the 
number  of  Senators  be  hereafter  increased,  suchclassifi- 


115 

cation  of  the  additional  Senators  shall  be  made  as  to  pre- 
serve, as  nearly  as  may,  an  equal  number  in  each  class. 

Sec.  9.  No  person  shall  be  eligible  as  a  Senator  or  Dele- 
gate who,  at  the  time  of  his  election,  is  not  a  citizen  of 
the  State  of  Maryland,  and  who  has  not  resided  therein 
for  at  least  three  years  next  preceding  the  day  of  his 
election,  and  the  last  year  thereof,  in  the  county,  or  in 
the  Legislative  District  of  Baltimore  city,  which  he  may 
be  chosen  to  represent,  if  such  county  or  Legislative  Dis- 
trict of  said  city  shall  have  been  so  long  established;  and 
if  not,  then  in  the  county  or  city  from  which,  in  whole 
or  in  part,  the  same  may  have  been  formed;  nor  shall 
any  person  be  eligible  as  a  Senator  unless  he  shall  have 
attained  the  age  of  twenty-five  years,  nor  as  a  Delegate 
unless  he  shall  have  attained  the  age  of  twenty-one  years, 
at  the  time  of  his  election. 

1  |Sec.  10.  No  member  of  Congress,  or  person  holding 
any  civil  or  military  office  under  the  United  States,  shall 
be  eligible  as  Senator  or  Delegate;  and  if  any  person 
shall,  after  his  election  as  Senator  or  Delegate,  be  elected 
to  Congress,  or  be  appointed  to  any  office,  civil  or  mili- 
tary, under  the  Government  of  the  United  States,  his 
acceptance  thereof  shall  vacate  his  seat. 

Sec.  11.  No  minister  or  preacher  of  the  G-ospel  or  of 
any  religious  creed  or  denomination,  and  no  person  hold- 
ing any  civil  office  or  profit  or  trust  under  this  State, 
except  justices  of  the  peace,  shall  be  eligible  as  Senator 
or  Delegate. 

Sec.  12.  No  collector,  receiver  or  holder  of  public 
money  shall  be  eligible  as  Senator  or  Delegate,  or  to  any 
office  of  profit  or  trust  under  this  State,  until  he  shall 
have  accounted  for  and  paid  into  the  treasury  all  sums 
on  the  books  thereof  charged  to  and  due  by  him. 

Sec.  13.  In  case  of  death,  disqualification,  resignation, 
refusal  to  act,  expulsion,  or  removal  from  the  county  or 
city  for  which  he  shall  have  been  elected,  of  any  person 
who  shall  have  been  chosen  as  a  Delegate  or  Senator,  or 
in  case  of  a  tie  between  two  or  more  of  such  qualified 
persons,  a  warrant  of  election  shall  be  issued  by  the 
Speaker  of  the  House  of  Delegates,  or  President  of  the 
Senate,  as  the  case  may  be,  for  the  election  of  another 


116 

person  in  his  place,  of  which  election  not  less  than  ten 
days'  notice  shall  be  given,  exclusive  of  the  day  of  the 
publication  of  the  notice  and  of  the  day  of  election;  and 
if  during  the  recess  of  the  Legislature,  and  more  than 
ten  days  before  its  termination,  such  death  shall  occur 
or  such  resignation,  refusal  to  act  or  disqualification  be 
communicated  in  writing  to  the  Governor  by  the  person 
so  resigning,  refusing  or  disqualified,  it  shall  be  the  duty 
of  the  Governor  to  issue  a  warrant  of  election  to  supply 
the  vacancy  thus  created,  in  the  same  manner  the  said 
Speaker  or  President  might  have  done  during  the  ses- 
sion of  the  General  Assembly;  provided,  however,  that 
unless  a  meeting  of  the  General  Assembly  may  inter- 
vene, the  election  thus  ordered  to  fill  such  vacancy  shall 
be  held  on  the  day  of  the  ensuing  election  for  Delegates 
and  Senators. 

Sec.  19.  Each  House  shall  be  judge  of  the  qualifica- 
tions and  elections  of  its  members,  as  prescribed  by  the 
Constitution. 

Sec.  41.  Any  citizen  of  this  State,  who  shall,  after  the 
adoption  of  this  Constitution,  either  in  or  out  of  this 
State,  fight  a  duel  with  deadly  weapons,  or  send  or  ac- 
cept a  challenge  so  to  do,  or  who  shall  act  as  a  second,  or 
knowingly  aid  or  assist  in  any  manner  those  offending, 
shall  ever  thereafter  be  incapable  of  holding  any  office 
of  profit  or  trust  under  this  State,  unless  relieved  from 
the  disability,  by  an  Act  of  the  Legislature. 

Sec.  42.  The  General  Assembly  shall  pass  laws  neces- 
sary for  the  preservation  of  the  purity  of  elections. 

Sec.  47.  The  General  Assembly  shall  make  provisions 
for  all  cases  of  contested  elections  of  any  of  the  officers 
not  herein  provided  for. 

Sec.  49.  The  General  Assembly  shall  have  power  to  reg- 
ulate by  law,  not  inconsistent  with  this  Constitution,  all 
matters  which  relate  to  the  judges  of  election,  time, 
place  and  manner  of  holding  elections  in  this  State,  and 
of  making  returns  thereof. 

ARTICLE  IV. 

Section  2.  The  judges  of  all  the  said  courts  shall  be 
citizens  of  the  State  of  Maryland,  and  qualified  voters 
under  this  Constitution,  and  shall  have  resided  therein 


117 

not  less  than  five  years,  and  not  less  than  six  months 
next  preceding  their  election  or  appointment  in  the  judi- 
cial circuit,  as  the  case  may  be,  for  which  they  may  be 
respectively  elected  or  appointed.  They  shall  be  not 
less  than  thirty  years  of  age  at  the  time  of  their  election 
or  appointment,  and  shall  be  selected  from  those  who 
have  been  admitted  to  practice  law  in  this  State,  and 
who  are  most  distinguished  for  integrity,  wisdom  and 
sound  legal  knowledge. 

Sec.  3.  The  judges  of  the  said  several  courts  shall  be 
elected  in  the  counties  by  the  qualified  voters  in  their 
respective  judicial  circuits,  as  hereinafter  provided,  at 
the  general  election  to  be  held  on  the  Tuesday  after  the 
first  Monday  in  November  next,  and  in  the  City  of  Bal- 
timore on  the  fourth  Wednesday  of  October  next.  Each 
of  the  said  judges  shall  hold  his  office  for  the  term  of 
fifteen  years  from  the  time  of  his  election,  and  until  his 
successor  is  elected  and  qualified,  or  until  he  shall  have 
attained  the  age  of  seventy  years,  whichever  may  first 
happen,  and  be  re-eligible  thereto  until  he  shall  have  at- 
tained the  age  of  seventy  years,  and  not  after;  but  in 
case  of  any  judge  who  shall  attain  the  age  of  seventy 
years  while  in  office  such  judge  may  be  continued  in  of- 
fice by  the  General  Assembly  for  such  further  time  as 
they  may  think  fit,  not  to  exceed  the  term  for  which  he 
was  elected,  by  a  resolution  to  be  passed  at  the  session 
next  preceding  his  attaining  said  age. 

Sec.  5.  After  the  election  for  judges  as  hereinbefore 
provided,  there  shall  be  held  in  this  State,  in  every  fif- 
teenth year  thereaf  ter,on  the  Tuesday  after  the  first  Mon- 
day in  November  of  such  year,  an  election  for  judges 
as  herein  provided,  and  in  case  of  death,  resignation,  re- 
moval or  disqualification  by  reason  of  age  or  otherwise  of 
any  judge,  the  Governor  shall  appoint  a  person  duly  quali- 
fied to  fill  said  office,  who  shall  hold  the  same  until  the  next 
general  election  for  members  of  the  General  Assembly, 
when  a  successor  shall  be  elected,  whose  term  of  office 
shall  be  the  same  as  hereinbefore  provided;  and  upon  the 
expiration  of  the  term  of  fifteen  years  which  any  judge 
may  be  elected  to  fill  a  vacancy,  an  election  for  his  suc- 
cessor shall  take  place  at  the  next  general  election  for 
members  of  the  General  Assembly  to  occur  upon  or  after 


118 

the  expiration  of  said  term,  and  the  Governor  shall  ap- 
point a  person  duly  qualified  to  hold  said  office  from  the 
expiration  of  said  term  of  fifteen  years  until  the  election 
and  qualification  of  his  successor. 

Sec.  11.  The  election  for  judges  hereinbefore  provided* 
and  all  elections  for  clerks,  registers  of  wills  and  other 
officers  provided  in  this  Constitution,  except  State's  At- 
torneys, shall  be  certified  and  the  returns  made  by  the 
clerks  of  the  Circuit  Courts  for  tne  counties,  and  the 
clerk  of  the  Superior  Court  of  Baltimore  city,  respective- 
ly, to  the  Governor,  who  shall  issue  commissions  to  the 
different  persons  for  the  offices  to  which  they  have  been, 
respectively,  elected;  and  in  all  such  elections  the  per- 
sons having  the  greatest  number  of  votes  shall  be  de- 
clared to  be  elected. 

Sec.  12.  If  in  any  case  of  election  for  judges,  clerks  of 
the  courts  of  law,  and  registers  of  wills,  the  opposing 
candidates  shall  have  an  equal  number  of  votes,  it  shall 
be  the  duty  of  the  Governor  to  order  a  new  election;  and 
in  case  of  any  contested  election,  the  Governor  shall  send 
the  returns  to  the  House  of  Delegates,  which  shall  judge 
of  the  election  and  qualification  of  the  candidates  at  such 
election;  and  if  the  judgment  shall  be  against  the  one 
who  has  been  returned  elected,  or  the  one  who  has  been 
commissioned  by  the  Governor,  the  House  of  Delegates 
shall  order  a  new  election  within  thirty  days. 

Sec.  17.  There  shall  be  a  Clerk  of  the  Court  of  Appeals, 
who  shall  be  elected  by  the  legal  and  qualified  voters  of 
the  State,  who  shall  hold  his  office  for  six  years,  and  un- 
til his  successor  is  duly  qualified;  he  shall  be  subject  to 
removal  by  said  court  for  incompetency,  neglect  of  duty, 
misdemeanor  in  office,  or  such  other  cause,  or  causes,  as 
may  be  prescribed  by  law;  and  in  case  of  a  vacancy  in 
the  office  of  said  clerk  the  Court  of  Appeals  shall  appoint 
a  clerk  of  said  court,  who  shall  hold  his  office  until  the 
election  and  qualification  of  his  successor,  who  shall  be 
elected  at  the  next  general  election  for  members  of  the 
General  Assembly;  and  the  person  so  elected  shall  hold 
his  office  for  the  term  of  six  years  from  the  time  of  his 
election. 

Sec.  19.  The  State  shall  be  divided  into  eight  judicial 
circuits  in  manner  following,  viz  :  The  counties  of  Wor- 


119 

cester,  Somerset,  Dorchester  and  Wicomico  shall  consti- 
tute the  first  circuit;  the  counties  of  Caroline,  Talbot, 
Queen  Anne's,  Kent  and  Cecil,  the  second;  the  counties 
of  Baltimore  and  Harford  the  third;  the  counties  of  Al- 
legany,  Washington  and  Garrett  the  fourth;  the  counties 
of  Carroll,  Howard  and  Anne  Arundel  the  fifth;  the 
counties  of  Montgomery  and  Frederick  the  sixth;  the 
counties  of  Prince  George's,  Charles,  Calvert  and  St. 
Mary's  the  seventh,  and  Baltimore  city  the  eighth. 

Sec.  21.  For  each  of  the  said  circuits  (except  the 
eighth)  there  shall  be  a  chief  judge  and  two  associate 
judges,  to  be  styled  Judges  of  the  Circuit  Court,  to  be 
elected  or  appointed,  as  herein  provided.  And  no  two 
said  associate  judges  shall,  at  the  time  of  their  election 
or  appointment,  or  during  the  term  for  which  they  may 
have  been  elected,  or  appointed,  reside  in  the  same 
county.  If  two  or  more  persons  shall  be  candidates  for 
associate  judge  in  the  same  county,  that  one  only  in  said 
county  shall  be  declared  elected  who  has  the  highest 
number  of  votes  in  the  circuit.  In  case  any  two  candi- 
dates for  associate  judge,  residing  in  the  same  county, 
shall  have  an  equal  number  of  votes,  greater  than  any 
other  candidate  for  associate  judge  in  the  circuit,  it  shall 
be  the  duty  of  the  Governor  to  order  a  new  election. 

Sec.  25.  There  shall  be  a  Clerk  of  the  Circuit  Court 
each  county,  who  shall  be  elected  by  a  plurality  of  the 
qualified  voters  of  said  county,  and  shall  hold  his  office 
for  six  years  from  the  time  of  his  election,  and  until  his 
successor  is  elected  and  qualified,  and  be  re-eligible,  sub- 
ject to  be  removed  for  willful  neglect  of  duty  or  other 
misdemeanor  in  office,  on  conviction  in  a  court  of  law. 
In  case  of  a  vacancy  in  the  office  of  Clerk  of  a  Circuit 
Court,  the  judges  of  said  court  shall  have  power  to  fill 
such  vacancy  until  the  general  election  for  Delegates  to 
the  General  Assembly,  to  be  held  next  thereafter,  when 
a  successor  shall  be  elected  for  the  term  of  six  years. 

Sec.  27.  There  shall  be  in  the  Eighth  Judicial  Circuit 
six  courts  to  be  styled  the  Sepreme  Bench  of  Baltimore 
city,  the  Superior  Court  of  Baltimore  city,  the  Court  of 
Common  Pleas,  the  Baltimore  City  Court,  the  Circuit 
Court  of  Baltimore  city,  and  the  Criminal  Court  of  Bal- 
timore. 


120 

Sec.  31.  There  shall  be  elected  by  the  legal  and  quali- 
fied voters  of  said  city  at  the  elections  hereinbefore  pro- 
vided for  one  chief  judge  and  four  associate  judges,  who, 
together,  shall  constitute  the  Supreme  Bench  of  Balti- 
more city,  and  shall  hold  their  offices  for  the  term  of 
fifteen  years,  subject  to  the  provisions  of  this  Constitu- 
tion with  regard  to  the  election  and  qualifications  of 
judges  and  their  removal  from  office. 

Sec.  37.  There  shall  be  a  clerk  of  each  of  the  said  courts 
of  Baltimore  city,  except  the  Supreme  Bench,  who  shall 
be  elected  by  the  legal  and  qualified  voters  of  said  city 
at  the  election  to  beheld  in  said  city  on  the  Tuesday 
next  after  the  first  Monday  of  November,  in  the  year 
eighteen  hundred  and  sixty-seven,  and  shall  hold  his  office 
for  six  years  from  the  time  of  his  election,  and  until  his 
successor  is  elected  and  qualified,  and  be  re-eligible  there- 
to, subject  to  be  removed  for  willful  neglect  of  duty  or 
other  misdemeanor  in  office  on  conviction  in  a  court  of 
law.  In  case  of  a  vacancy  in  the  office  of  clerk  of  any 
of  said  courts,  the  judges  of  said  Supreme  Bench  of  Bal- 
timore city  shall  have  power  to  fill  such  vacancy  until 
the  general  election  of  Delegates  to  the  General  Assem- 
bly to  be  held  next  thereafter,  when  a  clerk  of  said  court 
shall  be  elected  to  serve  for  six  years  thereafter. 

Sec.  39.  The  General  Assembly  shall,  as  often  as  it  may 
think  the  same  proper  aad  expedient,  provide  by  law  for 
the  election  of  an  additional  judge  of  the  Supreme  Bench 
of  Baltimore  city,  and  whenever  provision  is  so  made  by 
the  General  Assembly,  there  shall  be  elected  by  the  voters 
of  said  city  another  judge  of  the  Supreme  Bench  of  Bal- 
timore city,  who  shall  be  subject  to  the  same  constitu- 
tional provisions,  hold  his  office  for  the  same  term  of 
years,  receive  the  same  compensation  and  have  the  same 
powers  as  are  provided  by  the  Constitution  or  laws  of 
this  State  for  the  judges  of  said  Supreme  Bench  of  Bal- 
timore city. 

Sec.  40.  The  qualified  voters  of  the  City  of  Baltimore, 
and  of  the  several  counties,  shall  on  Tuesday  next,  after 
the  first  Monday  in  November  next,  and  on  the  same  day 
in  every  fourth  year  thereafter,  elect  three  men  to  be 
judges  of  the  Orphans'  Court,  of  said  city  and  counties, 
respectively,  who  shall  be  citizens  of  the  State,  and  resi- 


121 

dents  for  the  twelve  months  preceding  in  the  city  or 
county  for  which  they  may  be  elected.  In  case  of  a  va- 
cancy in  the  office  of  judge  of  the  Orphans'  Court,  the 
Governor  shall  appoint,  subject  to  confirmation  or  rejec- 
tion by  the  Senate,  some  suitable  person  to  fill  the  same 
for  the  residue  of  the  term. 

Sec.  41.  There  shall  be  a  Register  of  Wills  in  each 
county  of  the  State  and  the  City  of  Baltimore,  to  be 
elected  by  the  legal  and  qualified  voters  of  said  counties 
and  cities,  respectively,  who  shall  hold  his  office  for  six 
years  from  the  time  of  his  election,  and  until  his  succes- 
sor is  elected  and  qualified;  he  shall  be  re-eligible,  and 
subject  at  all  times  to  removal  for  willful  neglect  of  duty 
or  misdemeanor  in  office  in  the  same  manner  that  the 
clerks  of  courts  are  removable.  In  the  event  of  any  va- 
cancy in  the  office  of  Register  of  Wills,  said  vacancy 
shall  be  filled  by  the  judges  of  the  Orphans'  Court  in 
which  such  vacancy  occurs  until  the  next  general  elec- 
tion for  Delegates  to  the  General  Assembly,  when  a 
register  shall  be  elected  to  serve  six  years  thereafter. 

Sec.  44.  There  shall  be  elected  in  each  county,  and  in 
the  City  of  Baltimore  in  every  second  year,  one  person, 
resident  in  said  county  or  city,  above  the  age  of  twenty- 
five  years,  and  at  least  five  years  preceding  his  election, 
a  citizen  of  this  State,  to  the  office  of  Sheriff.  He  shall 
hold  his  office  for  two  years,  and  until  his  successor  is 
duly  elected  and  qualified;  shall  be  ineligible  for  two 
years  thereafter;  shall  give  such  bond,  exercise  such 
powers  and  perform  such  duties  as  now  are  or  may  here- 
after be  fixed  by  law.  In  case  of  a  vacancy  by  death, 
resignation,  refusal  to  serve  or  neglect  to  qualify  or  give 
bond  or  by  disqualification  or  removal  from  the  county 
or  city,  the  Governor  shall  appoint  a  person  to  be  Sheriff 
for  the  remainder  of  the  official  term. 

ARTICLE  V. 

Section  1.  There  shall  be  an  Attorney-General  elected 
by  the  qualified  voters  of  the  State,  on  general  ticket,  on 
the  Tuesday  next  after  the  first  Monday  in  the  month  of 
November,  eighteen  hundred  and  sixty-seven,  and  on  the 
same  day  in  every  fourth  year  thereafter,  who  shall  hold 
his  office  for  four  years  from  the  time  of  his  election  and 
qualification,  and  until  his  successor  is  elected  and  quali- 


122 

fied,  and  shall  be  re-eligible  thereto,  and  shall  be  subject 
to  removal  for  incompetency,  willful  neglect  of  duty,  or 
misdemeanor  in  office,  on  conviction  in  a  court  of  law. 

Sec.  2.  All  elections  for  Attorney-General  shall  be  cer- 
tified to,  and  returns  made  thereof  by  the  clerks  of  the 
Circuit  Courts  for  the  several  counties,  and  the  Clerk  of 
the  Superior  Court  of  Baltimore  city,  to  the  Governor  of 
the  State,  whose  duty  it  shall  be  to  decide  on  the  elec- 
tion and  qualifications  of  the  person  returned;  and  in  case 
of  a  tie  between  two  or  more  persons,  to  designate  which 
of  said  persons  shall  qualify  as  Attorney-General  and  to 
administer  the  oath  of  office  to  the  person  elected. 

Sec.  4.  No  person  shall  be  eligible  to  the  office  of  At- 
torney-General who  is  not  a  citizen  of  this  State  and  a 
qualified  voter  therein,  and  has  not  resided  and  practiced 
law  in  this  State  for  at  least  ten  years. 

Sec.  7.  There  shall  be  an  attorney  for  the  State  in  each 
county  and  the  city  of  Baltimore,  to  be  styled  "The  State's 
Attorney,"  who  shall  be  elected  by  the  voters  thereof,  re- 
spectively, on  the  Tuesday  next  after  the  first  Monday 
in  November,  in  the  year  eighteen  hundred  and  sixty- 
seven,  and  on  the  same  day  every  fourth  year  thereaf- 
ter; and  shall  hold  his  office  for  four  years  from  the  first 
Monday  in  January  next  ensuing  his  election,  and  until 
his  successor  shall  be  elected  and  qualified;  and  shall  be 
re-eligible  thereto  and  be  subject  to  removal  therefrom 
for  incompetency,  willful  neglect  of  duty  or  misdemean- 
or in  office,  on  conviction  in  a  court  of  law,  or  by  a  vote 
of  two-thirds  of  the  Senate  on  the  recommendation  of 
the  Attorney-General. 

Sec.  8.  All  elections  for  the  State's  Attorney  shall  be 
certified  to  and  returns  made  thereof  by  the  clerks  of  the 
said  counties  and  city,  to  the  judges  thereof  having 
criminal  jurisdiction,  respectively,  whose  duty  it  shall  be 
to  decide  upon  the  elections  and  qualifications  of  the  per- 
sons returned;  and  in  case  of  a  tie  between  two  or  more 
persons,  to  designate  which  of  said  persons  shall  qualify 
as  State's  Attorney,  and  to  administer  the  oaths  of  office 
to  the  persons  elected. 

Sec.  10.  No  person  shall  be  eligible  to  the  office  of 
State's  Attorney  who  has  not  been  admitted  to  practice 


123 

law  in  this  State,  and  who  has  not  resided  for  at  least 
two  years  in  the  county  or  city  in  which  he  may  be 
elected. 

ARTICLE  VI. 

Section  1.  There  shall  be  a  Treasury  Department,  con- 
sisting of  a  Comptroller,  chosen  by  the  qualified  electors 
of  the  State,  at  each  regular  election  of  Members  of  the 
House  of  Delegates,  who  shall  receive  an  annual  salary 
of  two  thousand  five  hundred  dollars;  and  a  Treasurer 
to  be  appointed  by  the  two  Houses  of  the  Legislature,  at 
each  regular  session  thereof,  on  joint  ballot,  who  shall 
receive  an  annual  salary  of  two  thousand  five  hundred 
dollars;  and  the  terms  of  office  of  the  said  Comptroller 
and  Treasurer  shall  be  for  two  years  and  until  their  suc- 
cessors shall  qualify.  In  case  of  a  vacancy  in  either  of 
the  offices  by  death  or  otherwise,  the  Governor,  by  and 
with  the  advice  and  consent  of  the  Senate,  shall  fill  such 
vacancy  by  appointment,  to  continue  until  another  elec- 
tion, or  a  choice  by  the  Legislature,  as  the  case  may  be, 
and  until  the  qualification  of  the  successor. 

Sec.  5.  The  Comptroller  shall  qualify  and  enter  on  the 
duties  of  his  office  on  the  third  Monday  in  January  next 
succeeding  the  time  of  his  election,  or  as  soon  thereafter 
as  practicable. 

ARTICLE  VII. 

Section  1.  County  Commissioners  shall  be  elected  on 
general  ticket  of  each  county  by  the  qualified  voters  of 
the  several  counties  of  the  State  on  the  Tuesday  next 
after  the  first  Monday  in  the  month  of  November,  com- 
mencing in  the  year  eighteen  hundred  and  ninety-one; 
their  number  in  each  county,  their  compensation,  powers 
and  duties  shall  be  such  as  now  or  may  be  hereafter  pre- 
scribed by  law;  they  shall  be  elected  at  such  times  in 
such  numbers  and  for  such  periods  not  exceeding  six 
years,  as  may  be  prescribed  by  law. 

Sec.  2.  The  qualified  voters  of  each  county  and  of  the 
City  of  Baltimore  shall  on  the  Tuesday  next  after  the 
first  Monday  in  the  month  of  November,  in  the  year 
eighteen  hundred  and  sixty-seven,  and  on  the  same  day 
in  every  second  year  thereafter,  elect  a  Surveyor  for 
each  county  and  the  City  of  Baltimore,  respectively, 
whose  term  of  office  shall  commence  on  the  first  Monday 


124 

of  January  next  ensuing  their  election;  and  whose  duties 
and  compensation  shall  be  the  same  as  are  now  or  may 
hereafter  be  prescribed  by  law.  And  any  vacancy  in 
the  office  of  surveyor  shall  be  filled  by  the  Commission- 
ers of  the  counties,  or  by  the  Mayor  and  City  Council  of 
Baltimore,  respectively,  for  the  residue  of  the  term. 

Sec.  6.  The  qualified  voters  of  Worcester  county  shall 
on  the  Tuesday  next  after  the  first  Monday  in  the  month 
of  November,  in  the  year  eighteen  hundred  and  sixty- 
seven,  and  every  two  years  thereafter,  elect  a  Wreck- 
Master  for  said  county,  whose  duties  and  compensation 
shall  be  the  same  as  are  now  prescribed  by  law;  the  term 
of  office  of  said  Wreck-Master  shall  commence  on  the 
first  Monday  of  January  next  succeeding  his  election, 
and  a  vacancy  in  said  office  shall  be  filled  by  the  County 
Commissioners  of  said  county  for  the  residue  of  the 
term. 

ARTICLE  XIV. 

AMENDMENTS  TO  THE   CONSTITUTION. 

Section  1.  The  General  Assembly  may  propose  amend- 
ments to  this  Constitution;  provided,  that  each  amend- 
ment shall  be  embraced  in  a  separate  bill,  embodying 
the  Article  or  section,  as  the  same  will  stand  when 
amended  and  passed  by  three-fifths  of  all  the  members 
elected  to  each  of  the  two  Houses,  by  yeas  and  nays,  to 
bs  entered  on  the  Journals  with  the  proposed  amend- 
ment. The  bill,  or  bills,  proposing  amendment,  or  amend- 
ments, shall  be  published  by  order  of  the  Governor,  in  at 
least  two  newspapers  in  each  county,  where  so  many  may 
be  published,  and  where  not  more  than  one  may  be  pub- 
lished, then  in  that  newspaper,  and  in  three  newspapers 
published  in  the  City  of  Baltimore,  one  of  which  shall  be 
in  the  German  language,  once  a  week,  for  at  least  three 
months  preceding  the  next  ensuing  general  election,  at 
which  the  said  proposed  amendment,  or  amendments 
shall  be  submitted,  in  a  form  to  be  prescribed  by  the 
General  Assembly,  to  the  qualified  voters  of  the  State  for 
adoption  or  rejection.  The  votes  cast  for  and  against 
said  proposed  amendment,  or  amendments,  severally, 
shall  be  returned  to  the  Governor,  in  the  manner  pre- 
scribed in  other  cases,  and  if  it  shall  appear  to  the  Gov- 
ernor that  a  majority  of  the  votes  cast  at  said  election 


125 

on  said  amendment,  or  amendments,  severally,  were  cast 
in  favor  thereof,  the  Governor  shall,  by  his  proclamation, 
declare  the  said  amendment,  or  amendments,  having  re- 
ceived said  majority  of  votes,  to  have  been  adopted  by 
the  people  of  Maryland  as  part  of  the  Constitution  there- 
of,  and  thenceforth  said  amendment,  or  amendments, 
shall  be  part  of  the  said  Constitution.  When  two  or  more 
amendments  shall  be  submitted,  in  manner  aforesaid,  to 
the  voters  of  this  State  at  the  same  election,  they  shall 
be  so  submitted  as  that  each  amendment  shall  be  voted 
on  separately. 

ARTICLE  XV. 

Section  4.  If  at  any  election  directed  by  this  Constitu- 
tion any  two  or  more  candidates  shall  have  the  highest 
and  an  equal  number  of  votes,  a  new  election  shall  be 
ordered  by  the  Governor,  except  in  cases  specially  pro- 
vided for  by  this  Constitution. 

Sec.  7.  All  general  elections  in  this  State  shall  be  held 
on  the  Tuesday  next  after  the  first  Monday  in  the  month 
of  November,  in  the  year  in  which  they  shall  occur;  and 
the  first  election  of  all  officers,  who,  under  this  Consti- 
tution, are  required  to  be  elected  by  the  people,  shall, 
except  in  cases  herein  specially  provided  for,  be  held  on 
the  Tuesday  next  after  the  first  Monday  of  November, 
the  year  eighteen  hundred  and  sixty-seven. 

Sec.  8.  The  sheriffs  of  the  several  counties  of  this  State, 
and  of  the  city  of  Baltimore,  shall  give  notice  of  the 
several  elections  authorized  by  this  Constitution,  in  the 
manner  prescribed  by  existing  laws  for  elections  to  be 
held  in  this  State,  until  said  laws  shall  be  changed. 

Sec.  9.  The  term  of  office  of  all  judges  and  other  offi- 
cers, for  whose  election  provision  is  made  by  this  Con- 
stitution, shall,  except  in  cases  otherwise  expressly  pro- 
vided herein,  commence  from  the  time  of  their  election; 
and  all  such  other  officers  shall  qualify  as  soon  after  their 
election  as  practicable,  and  shall  enter  upon  the  duties 
of  their  respective  offices  immediately  upon  their  quali- 
fication; and  the  term  of  office  of  the  State  Librarian 
and  of  Commissioner  of  the  Land  Office  shall  commence 
from  time  of  their  appointment. 


126 

Sec.  10.  Any  officer  elected  or  appointed  in  pursuance 
of  the  provisions  of  this  Constitution  may  qualify,  either 
according  to  the  existing  provisions  of  law,  in  relation 
to  officers  under  the  present  Constitution,  or  before  the 
Governor  of  the  State,  or  before  any  clerk  of  any  court 
of  record  in  any  part  of  the  State;  but' in  case  an  officer 
shall  qualify  out  of  the  county  in  which  he  resides,  an 
official  copy  of  his  oath  shall  be  filed  and  recorded  in  the 
Clerk's  Office  of  the  Circuit  Court  for  the  county  in 
which  he  may  reside,  or  in  the  Clerk's  Office  of  the  Su- 
perior Court  of  the  City  of  Baltimore,  if  he  shall  reside 
therein. 


PROVISIONS 


-OF 


Constitution  ot  the  United  States  Relating  to  Elections. 


ARTICLE  I. 

Section  2.  The  House  of  Representatives  shall  be  com- 
posed of  members  chosen  every  second  year  by  the  people 
of  the  several  States,  and  the  electors  in  each  State  shall 
have  the  qualifications  requisite  for  electors  of  the  most 
numerous  branch  of  the  State  Legislature.  (Par.  1.) 

No  person  shall  be  a  Representative  who  shall  not 
have  attained  to  the  age  of  twenty-five  years,  and  been 
seven  years  a  citizen  of  the  United  States,  and  who  shall 
not,  when  elected,  be  an  inhabitant  of  that  State  in  which 
he  shall  be  chosen.  (Par.  2.) 

#  ;s  *  -x-  Thg  actuai  enumeration  shall  be  made 
within  three  years  after  the  first  meeting  of  the  Con- 
gress of  the  United  States,  and  with  every  subsequent 
term  of  ten  years,  in  such  manner  as  they  shall  by  law 
direct.  The  number  of  Representatives  shall  not  exceed 
one  for  every  thirty  thousand,  but  each  State  shall  have 
at  least  one  Representative.  (Par  3.) 

When  vacancies  happen  in  the  representation  from 
any  State  the  executive  authority  thereof  shall  issue 
writs  of  election  to  fill  such  vacancies.  (Par.  4.) 

Section  3.  The  Senate  of  the  United  States  shall  be 
composed  of  two  Senators  from  each  State,  chosen  by 
the  Legislature  thereof,  for  six  years;  and  each  Senator 
shall  have  one  vote.  (Par.  1.) 

Immediately  after  they  shall  be  assembled  in  conse- 
quence of  the  first  election,  they  shall  be  divided  as 
equally  as  may  be  into  three  classes.  The  seats  of  the 
Senators  of  the  first  class  shall  be  vacated  at  the  expira- 


128 

tion  of  the  second  year,  of  the  second  class  at  the  expira- 
tion of  the  fourth  year  and  of  the  third  class  at  the  ex- 
piration of  the  sixth  year;  so  that  one-third  may  be 
chosen  every  second  year;  and  if  vacancies  happen  by 
resignation  or  otherwise  during  the  recess  of  the  Legis- 
lature of  any  State,  the  executive  thereof  may  make 
temporary  appointments  until  the  next  meeting  of  the 
Legislature,  which  shall  then  fill  such  vacancies.  (Par.  2.) 

No  person  shall  be  a  Senator  who  shall  not  have  at- 
tained to  the  age  of  thirty  years,  and  been  nine  years  a 
citizen  of  the  United  States,  and  who  shall  not,  when 
elected,  be  an  inhabitant  of  that  State  from  which  he 
shall  be  chosen.  (Par.  3.) 

Section  4.  The  times,  places  and  manner  of  holding 
elections  for  Senators  and  Representatives  shall  be  pre- 
scribed in  each  State  by  the  Legislature  thereof;  but  the 
Congress  may  at  any  time  by  law  make  or  altar  such 
regulations,  except  as  to  the  places  of  choosing  Senators. 
(Par.  1.) 

Sec.  5.  Each  House  shall  be  the  judge  of  the  elections, 
returns  and  qualifications  of  its  own  members.  (Par.  1.) 

Sec.  8.  The  Congress  shall  have  power 
To  establish  a  uniform  Rule  of  Naturalization 
throughout  the  United  States.     (Par.  4.) 
ARTICLE  II. 

Section  1.  The  executive  power  shall  be  invested  in  a 
President  of  the  United  States  of  America.  He  shall 
hold  his  office  during  the  term  of  four  years,  and,  to- 
gether with  the  Vice-President,  chosen  for  the  same 
term,  be  elected  as  follows:  (Par.  1.) 

Each  State  shall  appoint  in  such  manner  as  the  Legis- 
lature thereof  may  direct,  a  number  of  electors,  equal  to 
the  whole  number  of  Senators  and  Representatives  to 
which  the  State  may  be  entitled  in  Congress;  but  no  Sen- 
ator or  Representative  or  person  holding  an  office  of  trust 
or  profit  under  the  United  States  shall  be  appointed  an 
elector.  (Par.  2.) 

Chisholm  v.  Georgia,  2  Ball,  419,  Leitensdorferv.  Webb,  20  How.,  176- 

The  Congress  may  determine  the  time  of  choosing  the 
electors,  and  the  day  on  which  they  shall  give  their 
votes,  which  day  shall  be  the  same  throughout  the 
United  States.  (Par.  3.) 


129 

ARTICLE  VI. 

The  Senators  and  Representatives  before  mentioned, 
and  the  members  of  the  several  State  Legislatures,  and 
all  executive  and  judicial  officers,  both  of  the  United 
States  and  of  the  several  States,  shall  be  bound  by  oath 
or  affirmation  to  support  this  Constitution;  but  no  reli- 
gious test  shall  ever  be  required  as  a  qualification  to  any 
office  or  public  trust  under  the  United  States.  (Par.  3.) 

TWELFTH  AMENDMENT. 

The  electors  shall  meet  in  their  respective  States  and 
vote  by  ballot  for  President  and  Vice-President,  one  of 
whom,  at  least,  shall  not  be  an  inhabitant  of  the  same 
State  with  themselves;  they  shall  name  in  the  ballots 
the  person  voted  for  as  President,  and  in  distinct  ballots 
the  person  voted  for  as  Vice-President,  and  they  shall 
make  distinct  lists  of  all  persons  voted  for  as  President, 
and  for  all  persons  voted  for  as  Vice-President,  and  the 
number  of  votes  for  each,  which  lists  they  shall  sign  and 
certify  and  transmit  sealed  to  the  seat  of  the  Govern- 
ment of  the  United  States,  directed  to  the  President  of 
the  Senate.  The  President  of  the  Senate  shall,  in  the 
presence  of  the  Senate  and  House  of  Representatives, 
open  all  the  certificates,  and  the  vote  shall  then  be 
counted.  The  person  having  the  greatest  number  of 
votes  for  President  shall  be  President,  if  such  number 
be  a  majority  of  the  whole  number  of  electors  appointed; 
and  if  no  person  have  such  a  majority  then  from  the 
persons  having  the  highest  number,  not  exceeding  three, 
on  the  list  of  those  voted  for  as  President,  the  House  of 
Representatives  shall  choose  immediately,  by  ballot,  the 
President.  But  in  choosing  the  President  the  votes  shall 
be  taken  by  States,  the  representation  from  each  State 
having  one  vote;  a  quorum  for  this  purpose  shall  consist  of 
a  member  or  members  from  two-thirds  of  the  State,  and  a 
majority  of  all  the  States  shall  be  necessary  to  a  choice. 
And  if  the  House  of  Representatives  shall  not  choose  a 
President  whenever  the  right  of  choice  shall  devolve  upon 
them  bef ore  the  fourth  day  of  March  next  following,  then 
the  Vice-President  shall  act  asPresident,  as  in  the  case  of 
the  death  or  other  constitutional  disability  of  the  Presi- 
dent. The  person  having  the  greatest  number  of  votes  as 
Vice-President  shall  be  the  Vice-President,  if  such  num- 
ber be  a  majority  of  the  whole  number  of  electors  appoin- 
5 


130 

ted,  and  if  no  person  have  a  majority  then  from  the  two 
highest  numbers  on  the  list  the  Senate  shall  choose  the 
Vice- President;  a  quorum  for  the  purpose  shall  consist  of 
two-thirds  of  the  whole  number  of  Senators  and  a  ma- 
jority of  the  whole  number  shall  be  necessary  to  a 
choice.  But  no  person  constitutionally  inelligible  to  the 
office  of  President  shall  be  eligible  to  that  of  Vice-Presi- 
dent of  the  United  States. 

FOURTEENTH  AMENDMENT. 

Section  1.  All  persons  born  or  naturalized  in  the  United 
States,  and  subject  to  the  jurisdiction  thereof,  are  citi- 
zens of  the  United  States  and  of  the  State  wherein  they 
reside.  No  State  shall  make  or  enforce  any  law  which 
shall  abridge  the  privileges  or  immunities  of  citizens  of 
the  United  States;  nor  shall  any  State  deprive  any  per- 
son of  life,  liberty  or  property  without  due  process  of 
law;  nor  to  deny  any  person  within  its  jurisdiction  the 
equal  protection  of  the  laws. 

Sec.  2.  Representatives  shall  be  apportioned  among  the 
several  States  according  to  their  respective  numbers, 
counting  the  whole  number  of  persons  in  each  State,  ex- 
cluding Indians  not  taxed.  But  when  the  right  to  vote 
at  any  election  for  the  choice  of  electors  for  President 
and  Vice-President  of  the  United  States,  Representatives 
in  Congress,  the  executive  and  judicial  officers  of  a  State, 
or  the  members  of  the  Legislature  thereof,  is  denied  to 
any  of  the  male  inhabitants  of  such  State,  being  twenty- 
one  years  of  age,  and  citizens  of  the  United  States,  or  in 
any  way  abridged,  except  for  participation  in  rebellion 
or  other  crime,  the  basis  of  representation  therein  shall 
be  reduced  in  the  proportion  which  the  number  of  such 
male  citizens  shall  bear  to  the  whole  number  of  male 
citizens  twenty-one  years  of  age  in  such  State. 

Sec.  3.  No  person  shall  be  a  Senator  or  Representative 
in  Congress,  or  elector  of  President  and  Vice-President, 
or  hold  any  office,  civil  or  military,  under  the  United 
States,  or  under  any  State,  who,  having  previously  taken 
an  path,  as  a  member  of  Congress,  or  as  an  officer  of  the 
United  States,  or  as  a  member  of  any  State  Legislature, 
or  as  an  executive  or  judicial  officer  of  any  State,  to  sup- 
port the  Constitution  of  the  United  States,  shall  have 
engaged  in  insurrection  or  rebellion  against  the  same,  or 


131 

given  aid  or  comfort  to  the  enemies  thereof.  But  Con- 
gress may  by  a  vote  of  two-thirds  of  each  House  remove 
such  disability. 

Sec.  5.  The  Congress  shall  have  power  to  enforce,  by 
appropriate  legislation,  the  provisions  of  this  Article. 

FIFTEENTH  AMENDMENT. 

Section  1.  The  right  of  citizens  of  the  United  States 
to  vote  shall  not  be  denied  or  abridged  by  the  United 
States  or  by  any  State  on  account  of  race,  color,  or  pre- 
vious condition  of  servitude. 

Sec.  2.  The  Congress  shall  have  power  to  enforce  this 
Article  by  appropriate  legislation. 


INSTRUCTIONS 


TO 


Officers  of  Election 
and  Registration. 


PREPARED  BY  THE 

Attorney-General  of  Maryland 

IN  COMPLIANCE  WITH  THE  PROVISIONS  OF 

Sections  1  1  4  and  1  1 4 A  of  Article  33  of 

the  Code  of  Public  General  Laws 

of  Maryland. 


INSTRUCTIONS. 


To  the  Judges  and  Clerks  of  Election: 

Gentlemen: — The  following  instructions  have  been  pre- 
pared by  me  in  accordance  with  the  directions  of  section 
120  of  Article  33  of  the  Code  of  Public  General  Laws. 
It  will  be  your  duty  to  read  them  carefully.  The  read- 
ing of  these  instructions,  however,  should  not  lead  any- 
one to  suppose  that  it  will  be  unnecessary  to  read  the 
Election  Law  itself.  This,  each  one  of  you  should  do, 
and  you  should  make  yourself  familiar  with  all  of  its  pro- 
visions, which  in  any  way  relate  to  the  discharge  of  the 
duties  committed  to  you.  I  wish  to  urge  upon  you  par- 
ticularly the  necessity  of  conforming  strictly  to  all  the 
provisions  of  the  law.  It  is  possible  that  in  the  condi- 
tions existing  in  particular  precincts  you  may  think  that 
some  of  the  safeguards  of  the  law  are  unnecessary  and 
that  time  may  be  saved  by  omitting  them.  Such  omis- 
sions, however,  you  have  no  right  to  make.  The  whole 
law  is  one  statute  by  which  the  election  system  is  gov- 
erned, and  provisions  which  may  seem  in  particular 
places  or  under  particular  circumstances  to  be  of  slight 
importance  are  really  essential  features  of  the  entire 
scheme.  Any  willful  omission  of  any  requirement  of  law 
will  be  an  offense.  It  is  expressly  made  the  duty  of  the 
Supervisors  of  Election  in  each  county  and  city,  when- 
ever they  have  probable  cause  to  believe  that  any  offense 
against  the  law  has  been  committed,  to  cause  a  prosecu- 
tion to  be  instituted  against  the  guilty  person. 

I  am,  yours  respectfully, 
WILLIAM  SHEPARD  BRYAN,  JR., 

Attorney-General. 


Instructions  to  Judges  of  Election  when  Acting 
as  Boards  of  Registry. 

SECTION  1. 

When  and  how  Long  Boards  of  Registry  Sit. 
REGISTRATION  IN  1906. 

Registration  Days  in  the  Counties:  (Sees.  30,  33.) 

First  Sitting  :— Tuesday  October  2nd. 
Second  Sitting  :— Tuesday  October  9th. 
For  Revision  :— Tuesday,  October  16th. 

In  Baltimore  City,  New  Registration,  Sec.  26. 
First  Sitting  :— Tuesday,  September  18th. 
Second  Sitting  :— Tuesday,  September  25th. 

Wednesday,  September  26th. 
Third  Sitting  :— Tuesday,  October  2nd. 

Wednesday,  October  3rd. 
Fourth  Sitting  :— Tuesday,  October  9th. 

Wednesday,  October  10th. 
For  Revision  :— Tuesday,  October  16th. 

Hours  of  Registration,  Sec.  17. 

In  Baltimore  City,  from  9  A.  M.  to  9  P.  M. 
In  the  Counties,  from  8  A.  M.  to  7  P.  M. 


136 

JUDGES  OF  ELECTION  ABSENT  OR  LATE,  LIABLE  TO  FINE  OR 
IMPRISONMENT. 

The  absence  of  a  judge  of  election  from  his  registra- 
tion office  during  the  hours  in  which,  by  law,  the  office 
should  be  open,  is  a  misdemeanor  punishable  by  imprison- 
ment for  not  less  than  ten  days  nor  more  than  six 
months,  or  by  a  fine  of  not  less  than  $20  or  more  than 
$500.  (Art.  33,  Sec.  105.) 

APPOINTMENT  OF  SUBSTITUTE  JUDGES. 

When  any  judge  is  absent  from  the  registration  office 
during  the  sittings,  the  other  judge  or  judges  present 
must  appoint  as  substitute  judge,  some  person  of  the 
same  political  party  as  the  absentee.  He  must  be  sworn 
in  by  one  of  the  judges  present.  He  must  take  the  same 
oath  as  the  other  judges  took,  a  form  of  which  will  be 
found  among  the  forms  in  this  pamphlet.  When  the 
regular  appointed  judge  returns,  the  substitute's  powers 
cease.  You  must  note  in  the  registries  that  the  substi- 
tute was  appointed,  who  he  was,  in  whose  place  he  was 
appointed,  when  he  began  to  act  and  when  he  ceased  to 
act.  (Art.  33,  Sec.  37.) 

NOTE  : — The  appointment  of  a  substitute  judge  does  not  relieve  an 
original  judge  from  the  penalties  by  law  imposed  upon  him  for  absence 
without  urgent  necessity. 

SECTION  II. 

POWERS  OF  JUDGES  OF  ELECTION  WHEN  SITTING  AS  BOARDS 

OF  REGISTRY. 
POWERS  OF  JUDGES  OF  ELECTION  TO  KEEP  THE  PEACE,  ETC. 

The  judges  must  preserve  order  and  keep  the  peace  in 
and  about  the  registration  offices,  during  their  sittings, 
and  see  that  the  entrance  thereto  shall  be  open  and  un- 
-obstructed.  They  and  each  of  them  may  commit  any 
person  breaking  the  peace  or  violating  any  of  the  pro- 
visions of  the  registration  law.  (Sec.  15.) 

In  the  counties,  the  sheriff  or  constable,  and  in  Balti- 
more city,  the  police,  must  arrest  aud  take  to  jail  the 
persons  so  committed.  (Art.  33,  Sec.  15.) 

TO   SUMMON  WITNESSES  AND   TO   COMPEL    THEIR   ATTEN- 
DANCE. 

Officers  of  registration  may  summon  witnesses  and 


137 

compel  their  attendance  by  attachment  if  necessary.  In 
counties,  summonses  and  attachments  are  to  be  served 
by  the  sheriff  or  constable,  in  Baltimore  city,  by  the 
police.  (Art.  33,  Sec.  15.) 

DISTRIBUTION  OF  WORK  AMONG  THE  REGISTERS. 

In  the  counties,  each  judge  sitting  as  register,  will 
have  charge  of  one  of  the  registries,  and  the  two  judges 
so  sitting  will  divide  the  other  work  to  be  done  between 
them. 

In  the  city,  the  Supervisors  will  designate  two  of  the 
judges,  one  of  each  political  party,  to  keep  the  registries. 
Either  of  these  officers  may  get  one  of  his  colleagues 
temporarily  to  take  his  place  in  keeping  the  registry. 
The  two  judges  not  in  charge  of  the  registries  should 
keep  the  alphabetical  list  of  the  names  registered  and 
refused  registration  and  erased,  and  should  swear  the 
applicants,  ask  the  questions,  and  attend  to  such  other 
things  as  may  have  to  be  done.  Any  judge  has  a  right 
to  ask  any  applicant  any  questions,  the  answers  to  which 
he  may  think  will  help  to  make  clear  whether  the  appli- 
cant is  or  is  not  a  qualified  voter  of  the  precinct.  (Art. 
33,  Sec.  17.) 

The  form  of  all  oaths  required  by  law  to  be  taken  has 
been  somewhat  changed  by  the  Act  of  1898,  chapter  75. 

The  proper  forms  of  oath  will  be  found  among  the 
forms  at  the  end  of  this  pamphlet. 

LIQUOR  NOT  PERMITTED  IN  POLLING  OR  REGISTRATION  ROOM 

No  distilled  or  spirituous  liquor,  wine,  ale  or  beer,  can 
be  brought  into  any  polling  or  registration  room.  Any 
person  bringing  such  beverages  into  a  polling  or  regis- 
tration room,  and  anyone  who  drinks  or  partakes  there- 
of in  such  room,  is  guilty  of  a  misdemeanor,  and  may  be 
fined  not  less  than  $10  or  more  than  $100.  (Art.  33, 
Sec.  110. 

SECTION  III. 

WHO  MAY  AND  WHO  MAY  NOT  BE  REGISTERED. 
WHO  ARE  ENTITLED  TO  BE  REGISTERED. 

"  Every  male  citizen  of  the  United  States  of  the  age 
of  21  years  or  upwards,  who  has  been  a  resident  of  the 


138 

State  for  one  year,  and  of  the  Legislative  District  of 
Baltimore  city  or  of  the  county  in  which  he  may  offer 
to  vote,  for  six  months  next  preceding  the  election,  shall 
be  entitled  to  vote  in  the  ward  or  election  district  in 
which  he  resides."  (Constitution  of  Maryland,  Art.  lr 
Sec.  1.) 

It  is  further  provided  that  in  case  any  county  or  Legis- 
lative District  of  the  city  is  divided  so  as  to  form  parts 
of  different  Congressional  Districts,  then,  to  entitle  a 
person  to  vote  for  a  Representative  in  Congress,  he  must 
have  been  a  resident  of  that  part  of  the  county  or  city 
which  forms  a  part  of  the  Congressional  District  in 
which  he  offers  to  vote,  for  six  months  next  preceding 
the  election.  (Constitution  of  Maryland,  Art.  1,  Sec.  1.) 

(NOTE  :— The  last  sentence  has  no  application  in  years  in  which 
members  of  Congress  are  not  to  be  elected.  In  other  words,  in  all 
odd  numbered  years  it  must  be  ignored,  in  all  even  numbered  years  it 
must  be  strictly  followed.) 

Kemp  v.  Owens,  76  Md.  235. 

It  is  also  further  provided  that  a  person  who  shall 
have  acquired  a  residence  in  a  county  or  city  in  this  Stater 
entitling  him  to  vote  at  an  election,  shall  be  entitled  to 
vote  in  the  election  district  from  which  he  removed  un- 
til he  shall  have  acquired  a  residence  in  the  part  of  the 
county  or  city  to  which  he  has  removed.  (Constitution 
of  Maryland,  Art.  1,  Sec.  1.) 

PERSONS  WHO  ARE  NOT  ENTITLED  TO  REGISTER. 

No  person  above  the  age  of  twenty-one  years,  con- 
victed of  larceny  or  other  infamous  crime,  unless  par- 
doned by  the  Governor,  shall  be  entitled  thereafter  to 
vote  at  any  election  in  this  State,  and  no  person  under 
guardianship  as  a  lunatic  or  as  a  person  non  compos 
mentis  shall  be  entitled  to  vote.  (Constitution  of  Mary- 
land, Art.  1,  Sec.  2.) 

Persons  convicted  of  giving  or  offering  to  give,  or  re- 
ceiving money  or  any  other  valuable  things  for  votes,  or 
convicted  of  giving  or  causing  to  be  given  an  illegal  vote, 
knowing  it  to  be  such,  are  disqualified  from  registering 
or  voting.  (Constitution  of  Maryland,  Art.  1,  Sec.  3.) 

READ  CAREFULLY  SECTIONS  25,  26,  27,  28  AND  29. 

In  the  next  section  you  will  find  some  instructions  in- 
tended to  aid  you  in  determining  whether  an  applicant 


139 

for  registration  has  the  qualifications,  or  labors  under 
any  of  the  disqualifications  aboue  set  forth,  and  in  con- 
nection therewith  certain  suggestions  as  to  the  way  in 
which  some  of  the  entries  upon  the  registries  of  voters 
ought  to  be  made. 

SECTION  IV. 

INSTRUCTIONS  AS  TO  REGISTERING  VOTERS. 

Read  section  16  of  the  Election  Law  carefully,  and 
follow  its  directions  strictly,  also  Sections  27,  28  and  29. 

Every  applicant  for  registration  must  be  sworn,  un- 
less he  says  that  he  is  conscientiously  scrupulous  as  to 
taking  an  oath,  in  which  case  he  must  affirm.  If  he 
swears,  enter  the  word  "sworn"  in  the  column  on  the 
registry  headed  "Sworn  or  Affirmed."  If  he  affirms, 
write  in  the  same  column  the  word  "Affirmed." 

POSTOFFICE   ADDRESS. 

Both  postoffice  address  and  residence  are  to  be  put  in 
same  column.  (Sec.  16-5.) 

WHEN  APPLICANT  DOES  NOT  OCCUPY  ENTIRE  HOUSE. 

In  such  cases,  follow,  precisely  the  directions  of 
sentence  A,  Section  16  of  Election  Law,  the  purpose  of 
which  is  to  render  fraudulent  registration  easy  of  de- 
tection. 

RESIDENCE--WHAT  CONSTITUTES  RESIDENCE   FOR  VOTING 

PURPOSES. 

The  Court  of  Appeals  defines  a  man's  residence  for 
voting  purposes  as  "his  actual  home  in  the  sense  of  his 
having  no  other  home,"  whether  he  intends  to  reside 
there  permanently  or  for  a  definite  or  indefinite  length 
of  time. 

That  is  to  say,  a  man  should  register  where  he  lives. 
If  he  claims  the  right  to  register  elsewhere,  he  must 
show  that  his  home  in  the  ordinary  acceptance  of  the 
word  "home"  is  somewhere  other  than  at  the  place  at 
which  he  physically  dwells. 

(See  also  25  A,  25  B  and  25  C.) 

LENGTH  OF   RESIDENCE  REQUIRED  IN  STATE. 

To  qualify  a  man  to  vote,  he  must  have  been  a  resi- 


140 

dent  of  the  State  for  the  year  next  preceding  the  elec- 
tion. (Constitution  of  Maryland,  Art.  1,  Sec.  1.) 

Election  day  in  1906  will  be  November  6th.  No  man 
therefore  has  a  right  to  register  unless  he  has  his  home 
in  Maryland  continuously  since,  at  the  latest,  November 
7th,  1905. 

Mere  temporary  absence  from  the  State  during  a  por- 
tion of  the  year  will  not  disqualify  a  citizen,  provided, 
that  his  home  in  the  ordinary  meaning  of  the  word 
"home"  has  not  for  some  part  of  the  year  been  outside 
the  limits  of  the  State. 

See  also  Sections  27,  28  and  29. 

LENGTH  OF  RESIDENCE  IN  COUNTY,  LEGISLATIVE  AND  CON- 
GRESSIONAL DISTRICT  NECESSARY. 

A  voter  should  register  in  the  precinct  in  which  he 
has  his  home  at  the  time  of  registration,  provided  he 
has  been  a  resident  of  the  county  or  legislative  district 
of  which  such  precinct  forms  a  part,  continuously  since, 
at  the  latest,  the  day  six  months  next  preceding  the 
election.  In  the  years  of  Congressional  elections;  that 
is  to  say,  in  the  year  1898,  and  every  second  year  there- 
after, he  must  furthermore  have  resided  since  the  day 
six  months  preceding  the  election  in  the  same  Congres- 
sional District  as  that  in  which  is  the  precinct  in  which 
he  is  living  at  the  time  of  registration.  If  he  has  not 
been  in  the  county  or  Legislative  District,  and  when 
necessary  in  the  Congressional  District  as  well,  since 
the  day  six  months  preceding  the  election,  he  must  reg- 
ister in  the  last  county,  Legislative  and  Congressional 
District  in  which  he  lived  for  six  continuous  months, 
and  in  the  precinct  of  it  in  which  he  last  lived.  (Con- 
stitution of  Maryland,  Art.  1,  Sec.  1.) 

Thus,  for  example,  a  man  who  may  live  in  one  precinct 
or  district  in  Wicomico  county  until  the  first  day  of  Sep- 
tember, 1905,  and  shall  then  move  into  another  district 
and  take  up  his  home  in  the  latter,  must  register  in  the 
latter  because  he  has  not  moved  out  of  the  county  or  Con- 
gressional district.  On  the  other  hand  if  he  has  moved 
to  Worcester  county  at  any  time  after  May  17th,  1905, 
he  will  have  to  register  in  that  district  of  Wicomico 
county  in  which  he  had  his  home  before  he  moved  to 
Worcester  county. 


141 

In  Baltimore  city,  a  person  moving  from  one  of  the 
counties  or  from  one  Legislative  district  to  another,  in 
any  year  within  six  months  preceding  the  election,  reg- 
isters in  the  place  from  which  and  not  in  the  place  to 
which  he  moves. 

The  following  table  shows  of  what  wards  each  Legis- 
lative District  of  Baltimore  city  is  composed: 

Wards,  1,  2,  3,  4.  5  and  6 1st  Legislative  District. 

Wards,  7,  8,  9,  12,  13  and  15 2d  Legislative  District. 

Wards,  10, 11, 14, 16, 19  and  20 . .  3rd  Legislative  District. 

Wards,  17, 18, 21, 22,  23,  and  24 .  .4th  Legislative  District. 

(Chapter  602,  1902.) 

In  the  years  of  Congressional  elections,  if  a  voter 
moves  from  one  Congressional .  District  to  another,  al- 
though he  remains  in  the  same  Legislative  District,  he 
does  not  acquire  the  right  to  vote  in  his  new  home  until 
he  has  been  six  months  in  it. 

Whether  a  voter  moves  from  one  ward  to  another 
makes  no  difference,  unless  the  ward  from  which  and  the 
ward  to  which  he  moves  are  in  different  Legislative  or 
Congressional  Districts.  If  the  two  wards  are  in  the 
same  Legislative  and  Congressional  District  he  must  reg- 
ister in  the  ward  to  which  and  not  in  the  ward  from 
which  he  moved. 

A  voter  may  move  from  one  precinct  in  any  one  of 
these  sections  to  another  in  the  same  section,  and  acquire 
the  right  to  vote  at  once  in  the  one  in  which  he  has  last 
taken  up  his  home.  If  in  a  year  of  a  Congressional  elec- 
tion he  move  from  one  of  these  sections  to  another,  he 
will  have  no  right  to  vote  in  the  section  into  which  he 
has  moved,  and  consequently  to  register  therein,  unless 
by  the  day  of  election,  he  will  have  had  his  home  for  at 
least  six  months  continuously  in  the  section  to  which  he 
has  moved.  If  he  has  not  had  his  home  in  the  section  to 
which  he  has  moved  for  the  length  of  time  mentioned, 
he  must  register  in  the  last  precinct  in  which  he  lived 
in  that  section  in  which  he  last  lived  six  months  con- 
tinuously. 

The  applicant  after  answering  all  questions  shall  be 
asked  to  sign  his  name  under  the  column  "Signature"  in 
each  register,  if  he  cannot  dp  so  or  declines  the  officers 
shall  make  the  entry  "Cannot  Write"  or  "Declines"  in 
the  place  for  such  signature.  (See  Sec.  16.) 


142 
NATURALIZATION. 

WHO  MUST  BE  NATURALIZED. 

Every  person  born  abroad,  unless  his  parents  were  at 
the  time  of  his  birth  American  citizens,  must  before  he 
can  register  have  been  naturalized  in  some  way. 

WHO  CAN  BE  NATURALIZED  BY  FATHER'S  PAPERS. 

If  the  father  of  a  boy,  who  came  to  this  country  while 
the  boy  was  under  the  age  of  sixteen  years,  is  natural- 
ized before  the  boy  attains  the  age  of  twenty-one  years, 
the  boy  is  naturalized  by  his  father's  naturalization;  pro- 
vided the  boy  was  at  the  time  of  his  father's  naturaliza- 
tion residing  in  the  United  States. 

WHO  MAY  BE  NATURALIZED  ON  MINOR  PAPERS. 

Any  person  coming  to  this  country  while  under  the 
age  of  eighteen  years  may  be  naturalized  after  he  has 
been  in  this  country  five  years,  without  having  made 
any  previous  declaration  of  his  intention. 

WHO  MUST  MAKE  PREVIOUS   DECLARATION  OF  INTENTIONS. 

Any  person  coming  to  this  country  after  he  has  at- 
tained the  age  of  eighteen  years,  before  he  can  be  nat- 
uralized, must  have  resided  in  this  country  at  least  five 
years,  and  have  made  a  declaration  of  intention  to  be- 
come a  citizen;  that  is,  have  taken  out  what  are  usually 
called  first  papers  at  least  two  years  before  he  can  be 
naturalized. 

WHEN  FOREIGNER  MUST  PROVE  HIS  NATURALIZATION. 

The  ordinary  proof  of  naturalization  is  the  production 
of  the  applicant's  naturalization  papers  or  of  his  father's, 
if  he  claims  to  have  been  naturalized  thereby.  When 
the  papers  are  produced,  they  will,  of  course,  show  on 
their  face  the  court  by  which  they  were  issued,  and  the 
date  upon  which  they  were  issued;  the  name  of  the  court, 
and  the  date  of  the  papers  must  be  entered  upon  the 
registers  in  the  columns  headed  "Court"  and  "Date  of 
Naturalization,"  respectively. 

Papers  need  not  be  produced  if  a  majority  of  the  judges 
are  satisfied  that  the  applicant  has  been  naturalized,  and 
has  been  registered  for  the  three  years  next  preceding 
his  application.  In  such  last-mentioned  case,  however, 
the  judges  must  be  very  careful  to  follow  the  law  pre- 
cisely and  note  upon  the  registers  in  the  appropriate 


143 

columns,  the  name  of  the  court  and  the  approximate  date 
by  and  at  which  the  applicant  claims  to  have  been  nat- 
uralized, and  in  the  column  headed  "Remarks"  the  county 
or  ward  and  precinct  in  which  he  says  he  was  registered 
for  three  years  next  preceding  his  application.  If  the 
judges  obey  these  requirements  of  law,  any  attempt  to 
register  under  false  claim  of  naturalization  can  be  readily 
detected.  (Art.  33,  Sec.  16,  sentence  H.) 

DISQUALIFICATION  BY  CONVICTION  OF  CRIME. 

To  disqualify  by  conviction  of  crime  a  person  other- 
wise qualified  to  vote,  three  things  must  exist: 

First — At  the  time  of  his  conviction  he  must  have  been 
of  the  age  of  twenty-one  years  or  upwards.  No  person 
who  at  the  time  of  his  conviction  was  under  twenty-one 
years  of  age,  is  diqualified  by  such  conviction  from  reg- 
istering, when  he  attains  the  age  of  twenty-one  years. 

Secondly — He  must  be  unpardoned.  A  pardon  restores 
his  right  of  citizenship. 

Thirdly — The  crime  of  which  he  was  convicted  must 
have  been  larceny  or  other  infamous  crime,  or  else  bribe- 
giving,  offering  to  give  a  bribe,  or  bribe-taking,  or 
illegally  voting,  or  procuring  others  to  illegally  vote. 
(Constitution  of  Maryland,  Art.  1,  Sees.  2  and  3.) 

WHAT  ARE  INFAMOUS  CRIMES. 

The  place  in  which  the  person  convicted  has  been  con- 
fined in  consequence  of  his  conviction  has  nothing  to  do 
with  determining  whether  the  crime  of  which  he  was 
convicted  was  or  was  not  infamous.  He  may  have  served 
ten  years  in  the  penitentiary  for  assault  with  intent  to 
kill  or  to  rape,  and  yet  not  be  disqualified  to  register  and 
vote  when  he  gets  out.  On  the  other  hand,  an  adult 
male,  convicted  of  the  most  trifling  larceny,  and  senten- 
ced to  a  day  or  two  in  jail,  will,  unless  pardoned,  be  dis- 
qualified for  the  rest  of  his  life.  All  felonies  at  common 
law,  or  which  were  created  by  statute  prior  to  the  adop- 
tion of  the  present  Constitution,  in  1867,  as  well  as 
certain  non-felonious  offenses  against  the  administra- 
tion of  public  justice,  such  as  perjury,  are  infamous 
crimes.  A  list  of  the  infamous  crimes  of  most  frequent 
occurrence  are  as  follows  : 

INFAMOUS   CRIMES. 

1.  Arson. 


144 

2.  Bigamy. 

3.  Bribing  juries  or  packing  juries. 

4.  Breaking  head  or  other  portion  of  a  tobacco  hogs- 
head, with  intent  to  evade  laws  relating  to  the  inspec- 
tion of  tobacco. 

5.  Burglary. 

6.  Burning  willfully  any  public  building,  church, 
academy,  school-house,  etc. 

7.  Carnal  knowledge  of  a  female  child  under  four- 
teen years  of  age. 

8.  Counterfeiting.     (Conviction  must  be  in  a  Mary- 
land and  not  in  a  United  States  Court.) 

9.  Embezzlement. 

10.  Forgery. 

11.  Incest. 

12.  Larceny. 

13.  Manslaughter. 

14.  Mayhem. 

15.  Murder. 

16.  Perjury. 

17.  Subornation  of  perjury. 

18.  Rape. 

19.  Robbery. 

20.  Sodomy. 

Persons  convicted  of  any  of  the  above  offenses  after 
they  reach  the  age  of  twenty-one  years  cannot  be  regis- 
tered unless  they  have  been  pardoned.  Breaches  of  the 
peace,  disordely  conduct,  assault,  either  common  assault 
or  asault  with  intent  to  commit  felonies,  are  not  infamous 
crimes  in  the  eye  of  the  law,  and  conviction  of  them  al- 
though followed  by  a  long  sentence  to  the  penitentiary, 
does  not  disqualify  the  person  conicted.  It  is  believed 
that  the  above  instructions  will  cover  almost  all  the  cases 
with  which  the  officers  of  registration  will  ordinarily 
have  to  deal.  If  the  offense  of  which  the  applicant  for 
registration  has  been  convicted  is  not  included  in  the 
above  list  of  infamous  crimes,  the  probability  is  that  the 
voter  is  entitled  to  be  registered.  Upon  any  special  case 
not  covered  by  the  above  instructions,  the  counsel  to  the 


145 

Board  of  Supervisors  of  Election  of  your  county  will  ad- 
vise you. 

CHALLENGERS  AT  REGISTRATION  OFFICES. 

Any  voter  may  be  present  in  any  precinct  of  his  county 
or  city,  and  shall  have  the  right  to  challenge  any  appli- 
cant for  registration.  You  will  perceive  that  the  chal- 
lenger may  be  any  voter  residing  in  the  county  or  city  in 
which  you  are  sitting.  He  need  not  necessarily  be  a 
voter  in  your  precinct  or  district.  And  each  party  or 
body  of  voters  having  a  candidate  or  candidates  duly 
nominated,  may  appoint  a  challenger  and  give  him  a 
commission  signed  by  the  candidates  or  the  presiding 
officer  of  the  county  or  city  committee  of  his  party. 
When  the  right  of  an  applicant  for  registration  is  chal- 
lenged, you  will  carefully  and  thoroughly  inquire  into 
his  right  to  be  registered.  If  a  majority  of  you  are  sat- 
isfied that  he  is  entitled  to  be  registered,  you  will  regis- 
ter him  irrespective  of  the  challenge.  If  no  challenger 
is  present  or  one  or  more  challengers  are  present  and  do 
not  challenge  any  applicant  for  registration,  it  will  be 
none  the  less  your  duty  to  make  certain  that  the  appli- 
cant is  entitled  to  be  registered  before  registering  him. 
(Art.  33,  Sec.  19.) 

OLD  REGISTRATION  BOOKS. 

The  old  registries  will  be  furnished  you,  to  aid  you  in 
identifying  voters.  If  any  voter  who  applies  to  you  to  be 
registered  is  entered  disqualified  on  the  old  books  you  can- 
not register  him  unless  you  are  satisfied  that  the  dis- 
qualification has  been  removed  since  the  entry  was 
made.  (Art.  33,  Sec.  17.) 

POLICE  CENSUS. 

In  Baltimore  city  the  officers  of  registration  will  be 
furnished  with  a  copy  of  the  police  census  to  be  taken 
by  the  police  shortly  before  the  opening  of  registration. 
The  fact  that  a  person's  name  is  found  on  the  police 
census  is,  of  course,  no  evidence  that  he  is  a  qualified 
voter  of  the  precinct,  and  you  will  be  required  to  put 
to  him  all  the  questions  the  law  prescribes  and  such 
others  as  may  in  your  judgment  tend  to  make  clear  to 
your  mind  whether  or  not  he  has  a  legal  right  to  regis- 
ter in  your  election  precinct  or  district.  If  his  name  is 
not  on  the  police  census,  it  will  obviously  be  your  duty 


146 

to  inquire  very  carefully  and  precisely  how  it  is  that  he 
claims  to  be  a  resident  of  the  precinct,  and  yet  was  not 
found  by  the  police  in  the  precinct.  If  you  are  satisfied 
that  he  is  a  resident  of  the  precinct,  the  omission  of  his 
name  from  the  police  census  does  not  impair  his  right 
to  registration.  The  absence  of  his  name  simply  warns 
you  to  be  doubly  careful  in  your  inquiries  concerning 
him.  (Art.  33,  Sec.  18.) 

NO  APPLICANT  TO  BE  ENTERED  AS  A  QUALIFIED  VOTER  UN- 
TIL MAJORITY  OF  REGISTERS  ARE  SATISFIED  THAT 
HE  IS  ONE. 

No  person  can  be  entered  as  a  qualified  voter  upon  the 
registries  without  the  consent  of  a  majority  of  the 
judges,  that  is  to  say,  in  the  counties  without  the  con- 
sent of  the  two  judges  acting  as  registers,  in  the  city  of 
Baltimore  without  the  consent  of  at  least  three  judges. 
While  it  is  the  right  and  duty  of  every  judge  when  he 
really  believes  that  an  applicant  is  not  entitled  to  regis- 
ter, to  vote  against  registering  him,  yet  no  judge  has  the 
right,  out  of  a  mere  whim  or  stubbornness  or  for  any 
partisan  purpose,  to  deny  to  an  applicant  for  registra- 
tion when  he  has  no  good  ground  to  believe  that  the  ap- 
plicant is  not  qualified.  Any  judge  who  for  any  reason 
shall  refuse  registration  to  any  person  whom  he  believes 
to  be  entitled  to  register,  is  guilty  of  an  offense  which 
is  severely  punishable.  On  the  other  hand,  no  matter 
how  clear  in  his  mind  any  judge  may  be  that  an  appli- 
cant is  entitled  to  be  registered,  he  must  not  enter  him 
qualified  upon  his  registration  book  unless  a  majority  of 
the  judges  at  his  precinct  decide  that  he  is  a  qualified 
voter.  Any  judge  making  such  entry  is  liable  to  all  the 
penalties  imposed  by  section  98  of  Article  33.  If  a  ma- 
jority of  the  judges  decide  that  an  applicant  for  regis- 
tration is  a  qualified  voter,  the  word  "Yes"  must  be  writ- 
ten in  the  column  headed  "Qualified  Voter."  If  a  majority 
do  not  agree  that  he  is  a  qualified  voter,  the  word  "No" 
must  be  written  in  that  column  and  a  red  line  drawn 
through  his  name  and  through  all  other  entries  concern- 
ing him,  but  in  such  manner  that  all  the  entries  may  be 
easily  read.  (Art.  33,  Sec.  17,  Paragraph  3.) 

The  requirements  to  write  the  word  "Yes"  or  "No"  in 
the  column  headed  "Qualified  Voter"  opposite  the  name 


147 

of  each  voter  is  of  great  importance.  Carelessness  of 
officers  of  registration  in  this  matter  in  the  year  1896 
and  each  year  since  then,  cost  a  number  of  them  each 
the  loss  of  a  day  or  more  time  in  attendance  at  some  one 
of  the  courts  of  Baltimore  city,  and  put  the  city  to  an 
expense  of  hundreds  of  dollars. 

AT  CLOSE  OF  EACH  DAY  REGISTRIES   TO  BE  COMPARED  AND 

SIGNED. 

At  the  end  of  each  day  of  registration,  the  two  regis- 
tries shall  be  compared  and  made  to  agree,  and  each  offi- 
cer of  registration  haying  custody  of  a  register,  shall 
sign  his  name  or  initials  immediately  under  the  last 
name  registered  under  each  letter,  so  that  other  names 
cannot  be  fraudulently  entered  without  discovery.  (Art. 
33,  Sees.  17,  20.) 

ALPHABETICAL  LISTS. 

Boards  of  Supervisors  of  Elections  will  furnish  to  the 
officers  of  registration  blanks  properly  prepared,  upon 
which  the  officers  of  registration  shall  enter  the  names, 
addresses  and  color  of  all  persons  registered,  and  a  sepa- 
rate list  of  all  persons  refused  registration,  and  of  all 
persons  whose  names  are  erased  from  the  registeries. 
At  the  close  of  each  session  of  the  Boards  of  Registry  in 
Baltimore  city,  except  for  revision  only,  the  judges  must 
deliver  these  lists  to  the  police  officer  on  duty  at  the 
registration  office.  (Art.  33,  Sees.  17,  20.) 

In  the  city  the  alphabetical  lists  for  the  sitting  for  re- 
vision only  are  to  be  returned  to  the  Supervisors  with  the 
registries  on  the  day  following  the  sitting  for  revision 
only;  that  is  to  say;  in  the  year  1906  on  Wednesday, 
October  17th,  1906.  (Sec.  23,  Art.  33.) 

In  the  counties  the  alphabetical  lists  for  all  the  sit- 
tings shall  be  returned  to  the  supervisors  by  noon  of  the 
second  day  after  the  sitting  for  revision  only,  that  is  in 
the  year  1906,  by  noon  of  Thursday,  October  18th.  (Art. 
33,  Sec.  34.) 

SECTION  V. 

REVISION  OF  THE  REGISTRIES. 

NAMES  IMPROPERLY  REGISTERED  TO  BE  ERASED— HOW  SUS- 
PECTED LIST  MADE  UP. 

If  at  any  of  your  sittings  prior  to  your  last  sitting  for 


148 

revision  only,  any  voter  of  your  ward  or  county  shall  go 
before  you  and  make  oath  that  he  believes  that  any 
name  upon  your  registration  books  is  not  that  of  a  quali- 
fied voter,  you  must  note  that  fact.  (Art.  33,  Sec.  19.) 

Before  separating  on  the  last  day  for  registering  new 
names,  that  is  in  1906,  before  separating  on  October  10th, 
in  the  City  of  Baltimore,  and  on  October  19th,  in  the 
counties,  you  must  make  out  two  lists  of  all  persons 
against  whom  any  voter  of  your  ward  or  county  has 
made  complaint  under  oath,  as  provided  in  section  19, 
and  upon  that  list  shall  also  be  placed  the  names  of  per- 
sons who  have  been  registered,  but  whom  any  of  the 
registers  suspect  may  have  been  improperly  registered. 
You  may  omit  from  such  list  any  name  so  complained  of 
if  your  board  is  satisfied  that  such  person  is  in  fact  a 
qualified  voter.  (Sec.  20.) 

If,  however,  any  one  member  of  your  board  desires 
that  any  name  so  complained  of  shall  be  placed  upon 
such  list,  it  must  be  placed  thereon.  (Sec.  20.). 

The  two  lists  above  mentioned  shall  be  delivered  to 
two  of  the  members  of  your  board  of  opposite  political 
faith  who  shall  on  or  before  the  Friday  following,  mail, 
duly  stamped,  to  the  addresses  given  upon  the  registry, 
a  notice  to  each  person  named  upon  the  lists  mentioned 
above,  to  appear  before  the  Board  of  Registry  on  the  Tues- 
day next  following  and  show  cause  why  his  name  should 
not  be  erased  from  the  registry.  If  such  suspected  person 
cannot  be  found  at  his  registered  address,  the  notice  may 
be  left  there  for  him.  The  law  provides  that  any  such 
officer,  or  any  person  acting  as  such,  who  willfully  neg- 
lects the  duty  above  mentioned  shall  be  guilty  of  a  mis- 
demeanor punishable  by  imprisonment  for  not  less  than 
six  months  nor  more  than  twelve  months.  In  case  of 
the  temporary  disability  of  either  of  the  two  members 
to  whom  the  suspected  lists  have  been  delivered,  you 
must  appoint  a  substitute,  who  shall  be  of  the  same  po- 
litical faith,  and  who  shall  perform  all  the  duties  of  the 
officer  temporarily  disabled  until  the  disability  be  re- 
moved. (Sec.  20.) 

It  is  the  duty  of  all  of  the  officers  of  registration  to 
inform  themselves,  so  far  as  in  their  power,  as  to  all 
persons  whose  names  have  been  placed  upon  the  sus- 
pected lists.  (Art.  33,  Sec.  20.) 


149 

At  the  last  sitting  of  the  Board  of  Registry,  that  is  to 
say,  in  1906,  on  Tuesday.  October  16th,  at  the  beginning 
of  the  sitting  for  revision,  the  officers  to  whom  the  lists 
of  suspected  voters  were  delivered  shall  make  affidavit 
as  to  the  mailing  of  the  notices  sent  by  them  and  to 
whom  directed,  and  where,  and  as  to  whether  or  not 
they  served  the  notices  personally  on  each  person  on  the 
suspected  list,  or  served  such  notice  by  leaving  the  same 
at  the  place  designated  on  the  registry,  as  the  residence 
of  such  person.  (Art.  33,  Sec.  21.) 

WHAT  TO  BE  DONE  WHEN  SUSPECTED  VOTER  APPEARS. 

If  a  voter  whose  name  was  on  the  suspected  list  ap- 
pears before  the  Board  of  Registry,  the  oath  set  forth  in 
section  21,  of  the  Act  must  be  put  to  him.  By  the  pro- 
visions of  the  Act  this  affidavit  must  be  signed  by  the 
voter  and  sworn  to  before  one  of  the  Board  of  Registry. 
It  must  be  preserved  and  returned  with  the  registers  to 
the  Supervisors.  The  board  then  proceeds  to  further 
examine  the  suspected  voter,  and  swear  the  officer  of 
registration  who  has  made  the  inquiry  and  hear  him  upon 
the  question,  and  the  board  should  also  examine,  under 
oath,  any  other  person  whom  it  thinks  can  give  informa- 
tion on  the  subject.  If,  as  a  result  of  such  examination, 
a  majority  of  the  judges  are  of  the  opinion  that  such 
person's  name  should  be  stricken  from  the  registry  it 
must  be  stricken  off.  The  way  in  which  names  are 
to  be  erased  is  fully  set  forth  in  section  21  of  the  Act, 
which  should  be  followed  strictly.  A  memorandum 
of  the  date  upon  which  such  erasure  was  made  and  the 
grounds  and  evidence  upon  which  it  was  made,  must 
be  entered  in  the  column  headed  "Remarks."  (Art.  33, 
Sec.  21.) 

WHAT  TO  BE  DONE  WHEN  SUSPECTED  VOTER  DOES  NOT 

APPEAR. 

If  a  voter  who  has  thus  been  summoned  does  not  ap- 
pear his  name  must  be  stricken  from  the  registry  during 
the  last  hour  of  the  sitting  for  revision,  unless  a  majority 
of  the  Board  of  Registry  are  satisfied  of  their  own  know- 
ledge or  from  competent  testimony  produced  before  them 
that  the  name  of  the  voter  is  entitled  to  remain  upon  the 
books.  (Art.  33,  Sec.  21.) 


150 

UNDER    WHAT    CIRCUMSTANCES    MAJORITY    VOTE    OF    THE 
REGISTERS  IS  NECESSARY. 

No  one  can  be  registered  unless  a  majority  of  the 
judges,  that  is  to  say,  both  of  them  in  the  county  and 
three  out  of  four  in  the  city,  are  satisfied  that  he  is  a 
qualified  voter.  No  person  summoned  to  appear  before 
the  Board  of  registry  as  a  suspected  voter,  who  appears, 
can  be  stricken  off  unless  a  majority  of  the  judges,  that 
is  to  say,  two  in  the  county  and  three  at  least  in  the  city, 
are  satisfied  that  he  ought  to  be  stricken  off.  If,  how- 
ever, he  does  not  appear,  he  must  be  stricken  off  unless 
a  majority  of  the  judges  are  satisfied  that  he  ought  to 
remain  on  the  registries. 

LAST  SITTING  IS  FOR  REVISION  ONLY. 

A  person  who  at  one  of  the  sittings  for  registration 
applied  for  registration  but  who  was  then  determined  by 
the  Board  of  Registry  to  be  disqualified,  and  was  so 
entered  upon  the  registries,  may  again  apply  at  the  sit- 
ting for  revision  only,  and  if  the  disqualification  has  been 
in  the  meantime  removed,  he  may  and  must  be  entered 
as  a  qualified  voter;  but  no  person  who  has  not  applied 
during  one  of  the  sittings  for  new  registration  can  be 
registered  at  the  sitting  for  revision. 

SECTION  VI. 
INTERMEDIATE  REGISTRATION. 

NOTE.  —The  subjects  discussed  under  this  head,  except  such  por- 
tion of  them  as  relate  to  transfers  or  removal  certificates,  are  appli- 
ble  to  the  counties  only. 

WHEN  AND  HOW  LONG  REGISTERS  SIT  IN  YEARS  OF  REVISION. 

In  years  of  revision  in  the  counties,  the  registers  sit 
for  the  first  time  on  Tuesday,  five  weeks  before  the  elec- 
tion, and  for  the  second  time  on  Tuesday  four  weeks  be- 
fore the  election,  from  8  a.  m.,  until  7  p.  m.  (Art.  33, 
Sec.  30.) 

HOW  VOTERS  ARE  REGISTERED  AT  INTERMEDIATE  REGISTRA- 
TION. 

To  far  as  concerns  persons  who  are  to  be  registered 
for  the  first  time  since  the  beginning  of  registration  in 
1896,  the  method  of  procedure  in  years  of  intermediate 
registration  is  the  same  as  in  years  of  general  registra- 
tion. 


151 

WHEN  AND  WHERE  REMOVAL  CERTIFICATES  OR  TRANSFERS 
WILL  BE  REQUIRED. 

In  any  year  between  1897  and  1906,  both  inclusive,  a 
voter  registered  in  a  precinct  or  district  in  a  county  who 
moves  therefrom  to  another  precinct  or  district  in  the 
same  or  in  another  county,  or  in  the  City  of  Baltimore,, 
must  produce  a  removal  certificate  showing  that  his- 
name  has  been  stricken  off  in  the  precinct  in  which  he 
was  registered  before  he  can  be  registered  in  the  pre- 
cinct to  which  he  has  removed.  A  person  registered  in 
Baltimore  in  any  year  may  in  the  next  year  register  in. 
any  precinct  in  the  State  in  which  he  is  qualified,  with- 
out producing  a  removal  certificate,  as  there  is  a  com- 
plete new  and  general  registration  in  Baltimore  City 
every  year,  (Art.  33,  Sec.  30.) 

GIVING  TRANSFERS  OR  REMOVAL  CERTIFICATE. 

Apllication  for  a  removal  certificate  for  a  person  whose 
name  is  still  unerased  upon  the  registers  can  be  made  by 
that  person  only,  as  he  must  be  sworn.  If  the  name  had 
already  been  erased,  the  removal  certificate  must  be 
given  to  the  voter  himself,  or  to  any  one  else  making  ap- 
plication therefor.  (Art.  33,  Sec.  30.) 

ERASING   NAMES   IN  YEARS  OF   INTERMEDIATE   REGISTRA- 
TION.     HOW  SUSPECTED  LIST  MADE  UP. 

After  the  close  of  the  session  on  Tuesday,  four  weeks- 
before  the  election,  the  Board  of  Registry  is  required  by 
section  32  to  note  for  erasure  the  names  of  all  persons 
whom  they  know  or  suppose  to  be  dead  or  to  have  re- 
moved, or  to  be  otherwise  disqualified.  In  making  out 
this  list  the  judges  are  bound  to  treat  as  suspected  all 
persons  against  whom  complaint  under  oath  has  been 
made  in  the  form  set  forth  in  section  32  of  the  Election 
Law,  unless  both  members  of  the  board  know  or  are 
satisfied  that  such  complaint  is  untrue.  After  noting 
these  names,  they  shall  make  up  a  list  of  them  under 
three  headings;  one  "Disqualified  Voters,"  under  which 
.shall  be  placed  the  names  of  all  persons  disqualified  be- 
cause of  the  conviction  of  infamous  crime  or  having 
given  or  received  bribes  or  who  are  otherwise  disquali- 
fied. Under  the  list  headed  "Deceased  Voters,"  shall  be 
placed  the  names  of  all  persons  known  or  supposed  to  be 
dead,  and  under  the  list  headed  "Removed,"  all  persons- 


152 

supposed  or  known  to  have  removed  from  their  last  vot- 
ing place.     (Art.  33,  Sec.  32.) 

SUSPECTED  LIST  INVESTIGATED  AS  IN  YEARS  OF  NEW  REGIS- 
TRATION. 

The  Clerk  of  the  Board  of  Registry  selected  as  in  years 
of  general  registration  by  lot,  shall  proceed  to  notify  the 
persons  whose  names  are  upon  such  suspected  list,  and 
to  ascertain  the  facts  concerning  them  in  same  manner 
as  is  required  to  be  done  with  reference  to  the  names 
upon  the  suspected  list  in  years  of  general  registration. 
(Art.  33,  Sec.  32.) 

PROCEEDINGS  AT  FINAL  SITTING  FOR  REVISION. 

In  years  of  intermediate  registration,  the  board  holds 
a  third  and  final  sitting  on  Tuesday  three  weeks  before 
the  election,  at  which  time  they  sit  from  8  a.  m.  until  7 
p.  m.  The  Clerk  of  the  Board  of  Registry  shall  make  an 
affidavit,  setting  forth  in  detail  the  facts  noted  by  him 
as  to  the  persons  on  said  suspected  list,  giving  the  names 
and  addresses  of  those  not  found  and  names  and  addres- 
ses of  those  served  with  such  notices  by  leaving  the  no- 
tice at  the  designated  place  of  residence,  stating  how 
service  was  made,  and  also  stating  the  names  and  ad- 
dresses of  all  those  to  whom  such  notice  was  mailed 
and  when  mailed.  The  proceedings  with  reference  to 
such  names  are  substantially  the  same  as  those  which 
are  taken  on  the  day  of  revision  in  years  of  new  regis- 
tration, with  reference  to  names  on  the  suspected 
list  for  that  year,  and  are  set  forth  in  detail  in  sec- 
tion 30  of  the  Election  Law.  As  in  years  of  new 
registration  the  names  of  persons  who  appear  before 
the  board  remain  on  the  registries,  unl-ess  both  of  the 
judges  are  satisfied  they  ought  to  be  erased.  The  names 
of  those  persons  who  do  not  appear  must  be  stricken  off 
unless  both  judges  are  satisfied  that  they  should  remain 
on.  In  the  column  headed  "Remarks"  you  must  note 
upon  your  registeries  opposite  each  name  erased  by  you 
the  reason  why  you  erased,  the  date  you  did  it  and  the 
evidence  upon  which  you  acted.  (Art.  33,  Sees.  33,  34.) 
SECTION  VII. 

'  REGISTRIES  ALWAYS  OPEN  TO  INSPECTION. 

The  Board  of  Registry  when  in  session,  and  any  mem- 
ber of  it  when  not  in  session,  who  has  actual  custody  of 


the  registry  of  voters,  must  permit  its  inspection  by  any 
one  wishing  to  inspect  it  in  the  presence  of  the  Board  of 
Registry,  or  of  the  member  or  members  of  the  board  in 
whose  custody  at  the  time  the  registry  may  be,  but  not 
otherwise.  The  Board  of  Registry  shall  upon  application 
furnish  to  any  one  a  copy  of  any  entry  in  the  registry. 
(Art.  33,  Sec.  39.) 

SECTION  VIII. 

SUPPLEMENTARY   REGISTRATION   IN   BALTIMORE  CITY   FOR 
MUNICIPAL  ELECTION. 

Section  Seventeen  of  the  new  charter  of  Baltimore  city, 
Act  of  eighteen  hundred  and  ninety-eight,  chapter  123, 
etc.,  provides  for  a  sitting  of  the  Boards  of  Registry  in 
each  precinct  in  Baltimore  city  on  the  first  and  second 
Mondays  of  April  next  preceding  the  biennial  municipal 
election;  that  is  on  the  first  and  second  Mondays  of  every 
April  in  every  odd-numbered  year 'thereafter. 

The  Boards  of  Registry  will  sit  from  9  a.  m.  to  9.  p.  m. 
They  will  be  furnished  with  the  orginal  registries  made 
out  by  them  in  September  and  October  preceding. 

So  far  as  concerns  the  registration  of  applicants  for 
new  registration,  they  will  proceed  in  all  respects  as  they 
did  on  the  days  in  which  they  sat  for  registration  at  the 
general  registration.  They  will  enter  the  name  of  each 
applicant  upon  the  original  registry  made  up  in  the  pre- 
ceding fall,  and  will  make  all  the  same  inquiries  and  the 
same  entries  concerning  each  of  said  applicants  as  they 
are  required  to  make  of  applicants  presenting  them- 
selves for  registration  at  the  general  registration,  and 
will,  in  like  manner,  determine  and  enter  upon  the  regis- 
try the  qualifications  or  disqualifications,  as  the  case  may 
be,  of  each  of  said  applicants. 

The  law  further  requires  the  Boards  of  Registry  to 
strike  from  the  registration  books  and  lists  the  names 
of  those  persons  who  have  died  or  become  disqualified 
since  the  October  sitting.  The  Board  of  Supervisors  of 
Elections  of  Baltimore  city  may  and  doubtless  will  adopt 
regulations  and  issue  instructions  with  reference  to  the 
procedure  to  be  followed  in  carrying  out  the  require- 
ment to  strike  off  the  names  of  dead  and  disqualified 
persons.  If  such  regulations  and  instructions  shall  be 
adopted,  copies  of  them  will,  of  course,  be  furnished  to 
the  judges  of  election  in  time  for  their  guidance. 


Initructions  to  Judges  of  Election  When  Acting 

as  Such. 

SECTION!. 
Opening  of  the  Polls. 

HOURS  FOR  OPENING  POLLS. 

Baltimore  city — 6  a.  m.  to  5  p.  m. 

The  counties— 8  a.  m.  to  6  p.  m.     (Art.  33,  Sec.  61.) 

JUDGES  MUST  BE  PUNCTUAL. 

Absence  or  lateness  of  judge  is  an  offense  punishable 
by  fine  or  imprisonment.  (Art.  33,  Sec.  105.) 

JUDGES  TO  FILL  VACANCIES  AMONG  JUDGES  AND  CLERKS. 

If  any  judge  or  clerk  is  not  present  at  the  expiration 
of  fifteen  minutes  after  the  time  fixed  for  the  opening  of 
the  polls,  the  judge  or  judges  present  shall  fill  the  place 
of  the  absent  judge  or  clerk  by  appointing  in  his  stead  a 
person  of  the  same  political  party  as  the  absentee.  One 
of  the  judges  administers  to  the  newly-appointed  judge 
or  clerk  the  oath  required  of  the  judge  or  clerk  originally 
appointed.  (Art.  33,  Sec.  61.) 

JUDGE   OR  CLERK   COMPELLED   TO    LEAVE    POLLING  ROOM 
MUST  APPOINT  SUBSTITUTE. 

After  the  polls  are  opened,  no  judge  or  clerk  can  leave 
them  until  the  ballots  have  been  cast  and  counted  and 
the  returns  completed.  If  absolute  necessity  compels 
the  absence  of  judge  or  clerk,  such  judge  or  clerk  before 
he  leaves  must  appoint  some  person  of  the  same  political 
party  as  himself  to  act  in  his  stead  until  his  return,  hav- 
ing first  administered  to  such  substitute  the  same  oath 
that  he  himself  has  taken.  Blank  forms  for  the  ap- 
pointment of  such  substitute  judges  and  clerks,  and 
of  the  oath  to  be  taken  by  them,  will  be  furnished 
at  each  polling  place  by  the  Supervisors  of  Election. 
The  oath  administered  shall  be  preserved  and  returned 
by  the  judges  to  the  supervisors.  A  record  shall 
be  made  by  the  judges  in  the  poll  book  of  the  appoint- 
ment and  swearing  in  of  such  substitute,  and  the  reason 
therefor,  and  of  the  time  such  substitute  began  and  ceased 
to  serve.  When  the  judge  or  clerk  in  whose  stead  the 
substitute  was  appointed,  returns,  such  substitute  shall 
cease  to  act.  (Art.  33,  Sec.  61.) 


155 

JUDGES  SHALL  PERMIT  INSPECTION  OF  BALLOT-BOX. 

Precisely  at  6  o'clock  in  the  morning  in  the  city,  and 
precisely  at  8  o'clock  in  the  counties,  the  judges,  before 
they  receive  any  ballots,  must  open  the  ballot-box  to  be 
used.  They  take  out  of  it  the  poll  books,  ballots  and  all 
the  blanks  and  stationery  which  they  find  in  it.  Then 
they  must  permit  all  persons  rightfully  present  to  ex- 
amine such  ballot-box  and  every  part  thereof.  (The  per- 
sons rightfully  present  will  be  the  officers  of  election, 
the  challengers  and  such  voters  as  may  be  waiting  to 
vote.)  When  this  examination  has  been  completed  the 
ballot-box  shall  then  be  locked,  and  the  key  delivered  to 
one  of  the  judges,  and  it  shall  not  then  be  thereafter 
opened  until  the  closing  of  the  polls.  (Art.  33,  Sec.  65.) 

POSITION  OF  BALLOT-BOX  DURING  THE  ELECTION. 

From  the  time  the  ballot-box  is  inspected  until  the 
closing  of  the  polls,  it  shall  be  kept  constantly  in  sight 
of  all  persons  entitled  to  be  present.  It  must  be  so 
placed  in  the  room  that  the  voter  offering  his  ballot,  and 
the  judges  and  clerks  and  all  persons  entitled  to  be  pre- 
sent can  conveniently  see  every  ballot  as  it  is  deposited 
therein.  The  ballot-box  must  be  placed  not  more  than 
six  nor  less  than  five  feet  from  the  guard  rail.  (Art.  33, 
Sees.  64,  65.) 

WHEN  PACKAGE  OF  OFFICIAL  BALLOTS  TO  BE  OPENED. 

The  sealed  package  of  ballots  from  the  supervisors 
must  not  be  opened  until  after  the  ballot-box  has  been 
examined,  closed  and  locked.  (Art.  33,  Sec.  65.) 

BALLOTS  TO  BE  EXAMINED  WHEN  OPENED. 

When  opened  judges  should  look  at  endorsement  on  bal- 
lots to  be  certain  that  they  have  the  ballots  for  their 
precinct  and  not  for  some  other. 

HOW  EXTRA  BALLOTS  TO  BE  OBTAINED. 

If  the  package  of  ballots  when  opened  is  found  not  to 
contain  the  correct  ballots,  or  if  at  any  time  during  the 
day  the  supply  of  ballots  from  any  cause  runs  short,  the 
judges  must  make  a  written  requisition  upon  the  sheriff 
in  the  counties,  and  upon  the  police  commissioners  in 
the  city,  for  an  extra  supply  of  ballots,  stating  why  they 
are  needed.  This  reauisition  will  be  handed  to  the 


156 

deputy  sheriff  or  policeman  on  duty  at  the  polling  place, 
and  upon  receiving  it,  he  will  immediately  deliver  the 
package  of  ballots  in  his  custody  to  the  judges,  and  take 
their  receipt  therefor.     (Art.  33,  Sec.  58.) 
SECTION  II. 

POWERS  OF  JUDGES  TO  ORDER  ARREST. 

The  judges  of  election  and  each  of  them  have  author- 
ity to  keep  the  peace,  and  to  cause  any  person  to  be  ar- 
rested who  has  committed  any  breach  of  the  peace  or 
any  breach  of  the  election  laws,  or  has  interfered  with 
the  conduct  of  the  election  or  the  count  of  the  ballots. 
It  is  made  the  duty  of  all  officers  of  the  law  to  obey  the 
order  of  any  judge  of  election;  and  an  officer  making  an 
arrest  by  order  of  such  judge  will  be  protected  in  so  do- 
ing as  fully  as  if  a  warrant  had  been  issued  to  him  to 
make  such  arrest.  It  will  be  noted  that  any  one  of  the 
judges  can  order  the  arrest.  It  is  not  necessary  that  a 
majority  of  the  judges  concur  in  the  order.  (Art.  33, 
Sec.  60.) 

SECTION  III. 

CHALLENGERS  AND  WATCHERS. 
RIGHTS  AND  DUTIES  OF  CHALLENGERS. 

Each  political  yarty  and  body  of  voters  having  a  can- 
didate or  candidates  duly  nominated,  has  the  right  to 
have  a  challenger  and  watcher  at  each  polling  place.  It 
is  the  duty  of  the  judges  of  election  and  the  police  to 
protect  the  challengers  and  watchers  in  the  discharge  of 
their  duty.  Each  challenger  should  have  a  certificate 
signed  by  the  candidates  or  by  the  presiding  officer  of 
the  chief  managing  committee  of  his  party  in  the  city  or 
county  in  which  he  claims  to  act.  (Art.  33,  Sec.  62.) 

It  may  happen  that  a  person  claiming  to  be  a  challen- 
ger or  watcher  has  no  commission.  In  such  cases  he  must 
be  admitted  if  he  shall  be  vouched  for  by  the  persons 
present  belonging  to  the  political  party  he  claims  to 
represent  or  by  a  judge  belonging  to  that  party.  (Art. 
33,  Sec.  62.) 

CHALLENGERS  MAY  BE  REMOVED  BY  THE  PERSON  OR  PER- 
SONS APPOINTING  THEM. 

A  challenger  may  be  removed  at  any  time  by  the  same 


157 

person  or  committee  or  the  chairman  of  the  committee 
which  appointed  him.  •  (Art.  33,  Sec.  62.) 

POSITION  OF  CHALLENGERS  AND  WATCHERS  IN  POLL-ROOM. 

From  the  time  the  polls  open  until  the  time  they  are 
closed  the  challenger's  position  is  in  the  poll-room  outside 
the  guard  rail,  but  as  near  the  judges  as  practicable  so 
that  he  can  see  every  person  who  offers  to  vote.  (Art. 
33,  Sec.  57.)  From  the  time  the  polls  close  until  the  re- 
turns are  finally  made  up  and  all  the  work  of  the  election 
completed,  the  challengers  have  the  right  to  be  behind 
the  guard  rail  and  take  such  positions  as  will  enable  them 
to  see  everything  that  is  done  and  how  it  is  done.  (Art. 
33,  Sec.  62.) 

PENALTY  FOR  EXCLUDING  CHALLENGERS  OR  WATCHERS. 

To  refuse  to  permit  the  challengers  to  take  the  posi- 
tions above  prescribed  is  an  offense  punishable  by  a  fine 
not  exceeding  $1,000  or  by  imprisonment  not  exceeding 
one  year,  or  by  both.  (Art.  33,  Sec.  62.) 

WHAT  CHALLENGERS  MUST  NOT  DO. 

No  challenger  or  watcher  has  any  right  to  inquire  or 
ascertain  for  whom  any  voter  desires  to  vote  or  has 
voted,  or  to  confer  in  the  polling  room  with  any  voter,  or 
to  assist  him  in  the  preparation  of  his  ballot.  It  will  be 
the  duty  of  the  judges  whenever  a  challenger  or  watcher 
does  any  of  the  things  above  stated  to  exclude  such  chal- 
lenger or  watcher  from  the  polling  room.  The  challen- 
ger or  watcher  will  also  be  liable  to  criminal  prosecution. 
(Art.  33,  Sec.  62.) 

WHEN  CITIZENS  MAY  COME  INTO  POLL-ROOM  TO  CHALLENGE. 

Persons  other  than  challengers  who  desire  to  challenge 
the  vote  of  any  person  inside  the  polling-room  are  per- 
mitted by  law  to  enter  the  room  for  such  purpose.  The 
majority  of  the  judges,  however,  may  limit  the  number 
of  persons  allowed  in  the  room  for  such  purpose,  and 
any  person  who  enters  the  room  for  such  purpose  must 
leave  it  as  soon  as  the  right  to  vote  of  the  person  chal- 
lenged has  been  decided.  (Art.  33,  Sec.  62.) 

NO  ELECTIONEERING  WITHIN  100  FEET  OF  POLLING-ROOM' 

No  person  is  permitted  to  canvass  or  electioneer  in 
the  poll-room  or  within  100  feet  thereof,  nor  can  any 


158 

one  hold  any  tickets  or  fac-simile  of  tickets  or  papers 
purporting  to  be  tickets,  either  within  the  polling  room 
or  within  100  feet  thereof.  Any  person  so  offending 
shall  be  finod  not  less  than  $50  or  more  than  $100,  or 
imprisoned  in  jail  not  less  than  sixty  days,  or  both.  It 
will  be  the  duty  of  the  judges  of  election  to  enforce  this 
provision  of  law.  (Art.  33,  Sec.  109.) 

VOTER  MAY  HAVE  SAMPLE  BALLOT  WITH  HIM. 

A  votor  when  coming  into  the  poll-room  to  vote  may 
take  with  him  any  printed  or  written  memoranda  or 
paper  to  assist  him  in  marking  or  preparing  his  ballot 
except  a  fac-simile  of  the  ballot  to  be  voted.  (Art.  33, 
Sec.  53.) 

SECTION  IV. 
How  VOTES  ARE  TO  BE  RECEIVED. 

DIVISION  OF  DUTIES  AMONG  THE  JUDGES. 

Two  of  the  judges  will  handle  the  registers,  another 
judge  will  have  charge  of  the  blank  ballots,  and  the 
fourth  will  receive  the  ballots.  (Art.  33,  Sec.  66.) 

WHAT   IS    TO  BE   DONE   BEFORE  VOTER  ALLOWED  BEHIND 

GUARD  RAIL. 

When  a  voter  applies  to  vote,  he  shall  give  his  name 
and  residence  to  the  judge  holding  the  ballots.  The 
judge  shall  then  repeat  the  name  in  a  loud  and  distinct 
voice.  The  judges  having  charge  of  the  registries  will 
then  find  the  name  of  the  voter  upon  them,  and  having 
found  it,  they  repeat  the  name.  The  voter  will  then  be 
allowed  to  pass  the  guard  rail.  If  the  name  of  the  per- 
son desiring  to  vote  cannot  be  found  on  the  registries, 
no  ballot  can  be  given  him.  Remember,  however,  that 
as  hereinafter  explained,  mis-spelling  a  name,  an  incor- 
rect address  or  wrong  initials  on  registries,  do  not  dis- 
franchise. (Art.  33,  Sees.  66,  68.) 

JUDGE  HOLDING  BALLOTS  TO  PUT  VOTER'S  NAME  AND  NUM- 
BER ON  COUPON  AND  JUDGE'S  NAME  OR  INITIALS  ON 
BALLOTS. 

The  judge  holding  the  ballots  then  writes  in  ink  the 
voter's  name  and  number  upon  the  coupon  of  the  ballot, 
and  his  own  name  or  initials  upon  the  ballot  itself.  The 
number  on  the  ballot  will  be  the  same  which  the  clerks 


159 

enter  upon  their  poll-books,  and  will  be  the  next  number 
to  that  put  upon  the  ballot  last  issued,  so  that  the  num- 
bers will  run  upwards  from  one  consecutively,  the  first 
voter  being  numbered  one,  and  so  on.  At  this  time  the 
clerk  shall  enter  the  name  of  the  voter,  and  his  number 
upon  their  respective  poll-books.  The  judge  having 
charge  of  the  ballots  must  be  careful  under  no  circum- 
stances to  omit  entering  his  name  or  initials  upon  the 
ballot  itself,  and  must  be  equally  careful  to  put  the  voter's 
name  and  number  upon  the  coupon  only,  so  that  when 
the  coupon  is  detached  there  will  be  no  trace  of  either 
the  voter's  name  or  number  left  on  the  ballot  itself. 
(Art.  33,  Sec.  66.) 

The  willful  neglect  of  any  judge  of  election  in  charge 
of  the  ballots  to  put  his  initials  on  every  ballot  given  out 
by  him  is  punishable  by  imprisonment  in  jail  for  not  less 
than  thirty  (30;  days  nor  more  than  three  (3)  years,  or 
by  a  fine  of  not  less  than  fifty  ($50)  dollars  nor  more  than 
one  thousand  ($1,000)  dollars,  or  by  both  fine  and  im- 
prisonment. (Art.  33,  Sec.  94.) 

WHAT  VOTER  MU£T  DO  WITH  BALLOT, 

After  receiving  his  ballot  the  voter  at  once,  without 
going  outside  the  guard  rail,  proceeds  alone  to  one  of  the 
booths  or  compartments  and  there  prepares  his  ballot  by 
marking  it  in  the  manner  hereinafter  mentioned.  Not 
more  than  one  voter  shall  be  allowed  to  enter  any  one 
booth  at  the  same  time.  He  cannot  stay  in  the  booth  more 
than  seven  minutes,  provided  any  other  voters  are  waiting 
to  vote.  Before  leaving  the  voting  booth  the  voter  folds 
his  ballot  in  the  same  way  in  which  it  was  folded  when  he 
received  it  from  the  judges,  and  without  displaying  the 
marks  thereon.  The  signature  or  initials  of  the  judge 
from  whom  he  received  it,  and  the  name  and  number 
written  on  the  coupon  will  thus  show,  but  nothing  else. 
He  forthwith  hands  his  ballot  to  the  judge  at  the  ballot- 
box  and  gives  his  name  and  residence.  (Art.  33.  Sec.  66.) 

WHAT   JUDGES   ARE   TO   DO   WHEN   VOTER   HANDS  IN    HIS 

BALLOT. 

The  judge  in  charge  of  the  ballot-box  must  satisfy  him- 
self that  the  voter  who  tenders'  the  ballot  is  the  ^same 
man  who  receives  it  from  the  judges.  When  so  satisfied, 
the  judge  in  charge  of  the  ballot-box  detaches  therefrom 


160 

the  coupon,  and  strings  the  coupon  upon  a  cord  or  wire 
provided  for  the  purpose  and  then  deposits -the  ballot  in 
the  ballot-box.  The  judge  at  the  ballot-box  must  make 
sure  that  each  ballot  handed  to  him  has  upon  it  the  ini- 
tials of  the  judge  in  charge  of  the  ballots,  for  under  the 
law,  no  ballot  without  such  initials  upon  it  can  lawfully 
be  deposited  in  the  ballot-box. 

Knowingly  to  put  in  the  ballot-box  any  ballot  without 
its  haying  such  initials  upon  it,  or  willfully  to  neglect  to 
examine  a  ballot  to  find  out  whether  it  has  or  has  not 
such  initials  upon  it  is  an  offense  punishable  by  imprison- 
ment for  not  less  than  thirty  (30)  days  nor  more  than 
three  (3)  years,  or  by  a  fine  of  not  less  than  fifty  ($50) 
dollars  nor  more  than  one  thousand  ($1,000)  dollars,  or  by 
both  fine  and  imprisonment.  (Art.  33,  Sec.  94.) 

When  the  ballot  of  a  voter  is  deposited  in  the  ballot- 
box  the  judges  having  charge  of  the  registries,  then  in 
the  column  headed  "Voted"  in  the  same  line  with  the 
name  of  the  voter,  write  the  word  "voted"  or  letter  "V." 
(Art.  33,  Sec.  66.) 

If  there  is  no  unused  column  headed  "Voted"  in  the 
books  of  registry  for  the  elections  in  1904  and  1905, 
either  columns  must  be  ruled  at  such  positions  on  the 
pages  of  the  books  of  registry  as  the  local  Boards  of  Sup- 
ervisors of  Elections  may  direct,  or  columns  must  be 
ruled  on  slips  of  paper  to  be  pasted  on  the  different 
pages  of  the  books  of  registry  on  which  columns  it  may 
be  designated  whether  the  different  voters  vote  at  the 
elections  of  1904  and  1905,  1906  and  1907. 

It  is  for  the  local  Boards  of  Supervisors  of  Elections 
to  determine  the  position  on  the  respective  pages  where 
these  additional  columns  shall  be  ruled,  and  whether 
they  shall  be  ruled  on  the  existing  pages,  or  upon  slips 
of  paper  attached  to  such  pages. 

JUDGES  AND  CLERKS  MUST  STRICTLY  FOLLOW  THE   LAW. 

It  will  be  the  duty  of  the  judges  and  clerks  of  election 
strictly  to  conform  themselves  to  the  requirements  of 
the  law.  It  is  not  open  to  them  nor  to  anyone  to  say 
that  the  provisions  of  the  law  in  any  respect  are  unim- 
portant. All  the  details  prescribed  by  law  must  be 
strictly  followed. 


161 

WHAT  VOTER  MUST  DO  TO  RECEIVE  ASSISTANCE. 

He  must  first  make  oath  that  he  is  unable  to  mark  his 
ballot,  either  by  reason  of  blindness  or  physical  disabili- 
ty. (Art.  33,  Sec.  67.) 

HOW  ASSISTANCE  IS  TO  BE  GIVEN  VOTERS. 

(See  instructions  to  clerks  of  election.) 

SECTION  VI. 

SPOILED  AND  NOT  VOTED  BALLOTS. 
WHAT  TO  BE  DONE  WHEN  VOTER  SPOILS  HIS  BALLOT. 

If  a  voter  spoils  his  ballot  he  may  get  another,  after 
he  returns  the  spoiled  one,  but  not  before.  The  same 
number  is  put  upon  the  coupon  of  the  new  ballot  as  was 
on  the  old  one.  No  voter  can  receive  more  than  three 
ballots.  If  he  spoils  all  three  he  loses  his  vote.  A  bal- 
lot returned  to  the  judge  holding  the  ballots  by  the  voter 
as  having  been  spoiled,  must  be  at  once  cancelled  by  the 
judge  by  endorsing  the  word  "spoiled"  upon  it.  The 
spoiled  ballots  shall  be  preserved  and  returned  to  the 
Supervisors  of  Elections  along  with  the  unused  ballots. 
(Art.  33,  Sec.  68.) 

WHAT  TO  BE  DONE  WHEN  VOTER,  AFTER  RECEIVING  A  BAL- 
LOT, DECIDES  NOT  TO  VOTE  IT. 

When  a  voter  receives  his  ballot  and  does  not  vote  it  he 
must  deliver  it  to  the  judge  from  whom  he  received  it  be- 
fore leaving  the  poll-room  or  going  outside  the  guard-rail, 
and  such  ballot  so  redelivered  shall  be  treated  as  a  spoiled 
ballot.  (Art.  33,  Sec.  63.) 

OFFICIAL  BALLOTS  NOT  ALLOWED  OUTSIDE  OF  GUARD-RAIL. 

The  judges  must  be  careful  never  to  permit  anyone, 
under  any  pretext  whatever,  to  take  official  ballots  out- 
side of  the  guard-rail.  (Art.  33,  Sec.  68.) 

SECTION  VII. 
CHALLENGED  VOTERS. 
WHEN  CHALLENGE  IS  TO  BE  DECIDED. 
Whenever  a  voter  is  challenged  he  must  be  allowed  to 
receive  his  ballot  and  mark  it.     When  he  hands  his  ballot 
to  the  judge,  and  not  before,  the  question  whether  he  is 
or  is  not  entitled  to  vote  must  be  decided.     (Art.  33,  Sec. 
68.) 
6 


162 

HOW  CHALLENGE  DECIDED. 

The  challenger  shall  be  required  to  state  his  reasons  for 
the  challenge.  The  voter  challenged  shall  be  sworn  and 
questioned.  If  a  majority  of  the  judges  are  of  the. opinion 
that  he  is  the  person  who  was  registered,  his  vote  shall 
be  received.  The  judges  have  nothing  to  do  with  the 
question  whether  he  was  or  was  not  entitled  to  be  regis- 
tered. Under  the  Constitution  of  the  State,  the  fact 
that  he  has  registered  is,  so  far  as  the  judges  of  election 
are  concerned,  conclusive  of  his  right  to  vote;  their  busi- 
ness is  simply  to  satisfy  themselves  that  the  person  of- 
fering to  vote  is  the  person  who  registered.  (Art.  33, 
Sec.  68.) 

JUDGES  IGNORING  CHALLENGE  PUNISHABLE. 

When  a  voter  is  challenged  the  judges  must  swear  him 
and  examine  him  as  above  directed.  A  failure  or  refusal 
to  do  so  is  a  punishable  offense.  (Art.  33,  Sec.  90.) 

JUDGE  MUST  CHALLENGE  VOTER  HIMSELF  IF  HE  KNOWS  OR 
SUSPECTS  HIM  NOT  TO  BE  THE  PERSON  HE  CLAIMS  TO  BE. 

If  a  judge  knows  or  believes  a  person  offering  to  vote 
not  to  be  the  person  registered,  he  must  challenge  him 
himself,  if  no  one  else  does.  (Art.  33,  Sec.  90.) 

MISSPELLING  OP  NAME,  WRONG  INITIALS,  ETC.,  DO  NOT  DIS- 
FRANCHISE VOTER. 

The  fact  that  a  voter's  name  is  wrongly  spelled  on  the 
registry,  or  that  he  has  given  a  wrong  initial  or  more 
initials  than  he  has  or  that  one  or  more  than  one  of  his 
initials  are  omitted,  or  that  he  states  his  initials  or 
Christian  name  in  a  different  way  from  the  way  in  which 
it  is  registered,  or  that  there  is  an  error  in  the  number 
of  his  residence  on  the  registry,  shall  not,  the  law  ex- 
pressly declares,  affect  his  right  to  vote,  if  a  majority  of 
the  judges  are  satisfied  that  he  is  the  man  who  did  ac- 
tually register,  and  that  he  intended  to  register  his  true 
name  and  residence.  (Art.  33,  Sec.  68.) 

MAJORITY  OF  JUDGES  NECESSARY  TO  RECEIVE  A  CHAL- 
LENGED VOTE. 

If  a  voter  is  challenged,  his  vote  cannot  be  received 
unless  a  majority  of  the  judges  of  election,  that  is  to  say, 
at  least  three,  are  satisfied  that  he  has  the  right  to  vote. 
(Art.  33,  Sec.  68.) 


163 

WHAT  TO  BE  DONE  WITH  REJECTED  BALLOTS. 

When  a  majority  of  the  judges  are  not  satisfied  that 
a  challenged  voter  is  the  person  registered,  his  ballot 
must  be  rejected. 

Whenever  a  ballot  is  rejected,  the  word  "rejected" 
shall  be  written  upon  it  by  the  judge  at  the  ballot-box. 
That  judge  shall  then  return  the  same  still  folded,  and 
with  its  coupon  attached,  to  the  judge  holding  the  bal- 
lots. All  ballots  returned  to  the  judge  holding  the  bal- 
lots must  be  immediately  strung  by  him  upon  a  cord  or 
wire,  still  folded,  and  with  the  coupon  attached,  and  each 
endorsed  upon  the  back  with  the  words  "spoiled,"  "re- 
jected," or  "not  voted,"  as  the  case  may  be.  All  such 
ballots  must  be  returned  to  the  Supervisors  of  Elections, 
as  hereinafter  directed,  (Art.  33,  Sec.  68.) 

SECTION  VIII. 

CLOSING  THE  POLLS. 

Hours  of  closing  polls— Counties,  6  p.  m.;  Baltimore 
City,  5  p.  m.  (Art.  33,  Sec.  61.) 

WHAT  TO  BE  DONE  BEFORE  BALLOT-BOX  is  OPENED.  ;  j 

FIRST:— CHALLENGERS  AND  WATCHERS  PERMITTED  TO  COME 
BEHIND  GUARD-RAIL. 

When  the  hour  for  the  closing  of  the  polls  arrives,  the 
polls  shall  be  closed,  and  the  challengers  permitted  to 
come  behind  the  guard-rail.  (Art.  33,  Sec.  69.) 

SECOND:— UNUSED  BALLOTS  SEALED  UP. 

Before  the  ballot-box  is  opened  all  the  unused  ballots 
must  be  sealed  up  and  marked  "unused  ballots,"  and  the 
signatures  of  the  judges  endorsed  upon  the  package. 
(Art.  33,  Sec.  69.) 

THIRD:— COUPONS  TAKEN  OFF  VOTED  BALLOTS  TO  BE  DE- 
STROYED. 

Bef  ore  the  ballot-box  is  opened,  all  coupons  taken  from 
the  ballots  cast  shall  be  destroyed.  You  will  perceive 
here  that  the  coupons  are  not  to  be  taken  from  the 
spoiled,  rejected  and  not  voted  ballots.  The  coupons  to 
be  destroyed  are  the  coupons  which  have  been  taken  off 
the  ballots  which  have  been  actually  placed  in  the  ballot- 
box.  (Art.  33,  Sec.  69.) 


164 

FOURTH:— JUDGE  SHALL  WRITE  "NO"  ON  REGISTRIES  AFTER 
EACH  NAME  NOT  VOTED. 

Before  the  ballot-box  is  opened  the  judges  shall  write 
in  ink  on  their  registries  opposite  to  and  against  the 
name  of  each  person  entered  on  their  registry,  who  is 
not  shown  by  such  registry  to  have  been  voted,  and 
under  the  column  headed  "Voted"  the  word  "No,"  so 
that  the  whole  column  may  be  filled  up.  (Art.  33,  Sec.  70.) 

FIFTH:— COMPARE  REGISTRIES  AND  COUNT  AND  ANNOUNCE 
NUMBER  OF  PERSONS  WHO  HAVE  VOTED. 

After  the  judges  have  filled  up  the  column  headed 
"Voted"  as  above  directed,  and  before  the  ballot-box  is 
opened,  they  must  compare  their  registries  and  see  that 
they  agree,  count  the  number  of  names  of  persons  who 
have  voted,  and  announce  that  number  in  a  loud  voice. 
(Art.  33,  Sec.  70.) 

SECTION  IX. 

COUNTING  THE  BALLOTS. 

Election  officials  should  read  the  decision  of  the  Court 
of  Appeals  relating  to  the  counting  of  ballots  in  the  fol- 
lowing cases:  94  Md.,  Duvall  v.  Miller,  and  96  Md., 
Coulehan  v.  White,  about  to  be  published. 

When  the  judges  have  completed  all  the  above  they 
are  required  to  do,  and  not  before,  the  ballot-box  should 
be  opened. 

WHOLE  NUMBER  OF  BALLOTS  IN  BOX  TO  BE  FIRST  COUNTED. 

Before  opening  the  ballots  the  whole  number  in  the 
box  must  be  first  counted,  and  the  number  found  therein 
proclaimed  in  a  loud  voice.  (Art.  33,  Sec.  71.) 

WHAT  BALLOTS  TO  BE  REJECTED. 

Any  ballots  which  are  found  deceitfully  folded  to- 
gether shall  be  rejected,  as  must  all  non-official  ballots 
found  in  the  ballot-box.  (Art.  33,  Sec.  71.) 

WHAT  TO  BE  DONE  WITH  BALLOTS  WITHOUT  ENDORSEMENT 
OF  JUDGE  UPON  THEM. 

No  ballot  without  the  endorsement  of  the  initials  of 
the  election  judge,  shall  be  delivered  by  the  election  judge 
to  the  voter,  nor  shall  any  ballot  without  such  endorse- 
ment be  received  from  any  voter  or  be  deposited  in  the 


165 

ballot-box.  If,  however,  any  such  endorsed  ballots  are 
discovered  in  the  ballot-box  when  the  same  is  opened, 
after  the  close  of  the  polls,  to  count  the  ballots,  they  shall 
be  counted  as  ballots  for  the  purpose  of  ascertaining  the 
number  of  ballots  cast,  and  the  judges  of  election  shall 
mark  on  the  back  of  such  ballot  the  word  "Counted,"  and 
endorse  their  names.  (Art.  33,  Sec.  66.) 

These  unendorsed  ballots,  however,  shall  not  be  counted 
for  any  candidate  in  the  count  of  the  ballots.  They  shall 
be  marked  by  the  judges  "Defective,"  and  shall  be  en- 
closed in  the  package  with  other  defective  ballots.  (Art. 
33,  Sec.  71.) 

HOW  THE  COUNTING  OF  BALLOTS  IS  TO  BE  DONE. 

When  counting  the  ballots,  the  judge  who  calls  off  the 
ballot  must  be  seated  between  two  others,  so  that  they 
can  see  the  names  and  marks  upon  the  ballot.  In  count- 
ing the  ballots,  the  law  expressly  requires  that  the  name 
of  every  person  voted  for  upon  a  ballot  and  the  office  for 
which  the  vote  is  given  him,  shall  be  called  out.  (Art. 
33,  Sec.  71.) 

And  no  vote  shall  be  counted  for  any  candidate  oppo- 
site whose  name  no  cross  mark  shall  be  placed. 

INSTRUCTIONS  FOR  VOTERS. 

The  voter  must  make  with  an  indelible  pencil  his  cross 
mark  (X)  opposite  the  name  of  each  candidate  for  whom 
he  wishes  to  vote  with  the  exception  of  candidates  for 
the  office  of  Presidential  Elector.  The  voter  may  vote 
for  Presidential  Electors  by  making  a  cross  mark  (X)  in 
the  square  opposite  the  name  of  each  one  of  the  persons 
(not  more  than  8  in  number)  for  whom  he  wishes  to  vote. 
He  may  also  vote  for  the  8  candidates  for  Presidential 
Elector  of  any  political  party  by  making  his  cross  mark 
(X)  in  the  square  opposite  the  surnames  of  the  candi- 
dates of  the  party  of  his  choice  for  President  and  Vice- 
President.  For  example,  a  voter  wishes  to  vote  for  the 
candidate  of  the  Democratic  party  for  Presidential  Elec- 
tors; he  can  do  so  by  making  a  cross  mark  (X)  in  the 
square  opposite  the  name  of  each  one  of  the  8  Demo- 
cratic candidates  for  Presidential  Elector;  he  can  also,  if 
he  prefers,  make  his  cross  mark  (X)  in  the  square  oppo- 
site the  names  of  the  candidates  for  President  and  Vice- 


166 

President,  and  have  his  ballot  counted  for  each  one  of 
the  candidates  for  Presidential  Elector,  grouped  under 
the  names  of  three  candidates.  (Art.  33,  Sec.  66.) 

In  case  a  question  is  submitted  to  a  vote  of  the  peo- 
ple, the  voter  may  indicate  his  vote  on  that  question  by 
marking  with  an  indelible  pencil  a  cross  mark  (X)  in  the 
appropriate  space  on  the  ballot,  against  the  answer  he 
desires  to  make.  (Sec.  66.) 

If  the  voter  has  marked  more  names  than  there  are 
persons  to  be  elected  to  an  office,  or  if  there  shall  be  any 
mark  on  the  ballot  other  than  the  cross  mark  (X)  in  an 
appropriate  space,  or  other  than  the  name  or  names  of 
any  candidate  written  by  the  voter  on  the  ballot  as  pro- 
vided in  section  53  his  ballot  shall  not  be  counted.  (Art. 
33,  Sec.  71.) 

CHALLENGERS  PERMITTED  TO  INSPECT  ANY  BALLOT. 

In  counting  the  ballots  it  shall  be  the  duty  of  any  of 
the  judges  if  requested  by  any  challenger  or  watcher  to 
exhibit  to  such  challenger  or  watcher  any  ballot  cast, 
fully  opened,  or  in  such  condition  or  manner  that  the 
challenger  may  read  and  fully  examine  the  same,  but 
the  judges  must  under  no  circumstances  allow  any  bal- 
lot to  be  taken  from  their  hands.  (Art.  33,  Sec.  71.) 

BALLOTS  MUST  BE  STRUNG  AS  COUNTED. 

(Art.  33,  Sec.  71.) 

PROCLAMATION  OF   RESULT  OF  COUNT  BY  JUDGES. 

After  the  clerks  have  announced  to  the  judges  the 
total  number  of  votes  received  by  each  candidate,  each 
of  the  judges  of  election  in  turn  shall  then  proclaim  in 
a  loud  voice  the  total  number  of  votes  received  by  each 
person  voted  for,  in  such  precinct,  and  the  office  for 
which  he  is  voted  for,  and  the  number  of  votes  for  and 
against  any  proposition  which  shall  have  been  submitted 
to  the  vote  of  the  people.  (Art.  33,  Sec.  72.) 

POLICE  RETURNS. 

In  Baltimore  City,  immediately  after  the  above-men- 
tioned proclamation  of  the  result  of  an  election,  the 
judges  must  deliver  to  a  policeman  on  duty  at  the  poll- 
ing place  a  statement,  subscribed  with  their  names, 
which  shall  be  sealed  up  and  forthwith  conveyed  by  said 


167 

policeman  to  the  office  of  the  Board  of  Police  Commis- 
sioners. This  statement  shall  contain  the  total  number 
of  votes  in  the  ballot-box  and  the  number  of  votes  given 
for  each  and  every  candidate.  (Art.  33,  Sec.  72.) 

SECTION  X. 

THE  RETURNS. 

MAKING  UP  THE  RETURNS. 

When  the  proclamation  has  been  made  of  the  result 
of  the  count,  and  the  police  officer  has  been  furnished 
with  the  statement  above  mentioned,  the  judges  pro- 
ceed to  make  up  the  returns.  These  returns  are  to  be 
made  up  in  duplicate.  If  it  is  possible,  each  of  these 
should  be  upon  a  single  sheet  of  paper.  If  the  number 
of  candidates  voted  for  make  it  impracticable  to  get  all 
the  names  upon  a  single  sheet  of  paper,  more  than  one 
sheet  may  be  used.  (Art.  33,  Sec.  73.) 

WHAT  RETURNS  SHOULD  CONTAIN. 

The  returns  should  be  headed  with  the  date  of  the 
election,  name  of  the  city  or  county,  and  the  number  of 
the  ward,  district  and  precinct.  They  should  state  at 
what  hour  the  polls  were  opened  and  what  hour  closed, 
and  the  total  number  of  votes  cast,  and  then  should  fol- 
low the  number  of  votes  given  for  each  candidate  for 
each  office,  and  the  number  of  votes  cast  for  and  against 
each  proposition  submitted  to  the  vote  of  the  people. 
The  number  of  votes  must  be  written  out  in  words,  and 
not  merely  given  in  figures.  Each  statement  must  con- 
clude with  a  certificate  that  is  correct  in  all  respects. 
The  certificate  must  be  signed  by  all  the  judges  and  both 
the  clerks.  If  the  returns  are  on  more  than  one  sheet 
or  paper,  the  judges  and  clerks  must  sign  their  names  on 
each  sheet. 

If  any  judge  or  clerk  shall  decline  to  sign  the  returns, 
he  must  make  a  written  statement  of  his  reasons  for  re- 
fusing so  to  do.  And  such  written  statement  must  be 
enclosed  and  returned  with  the  returns  themselves  as 
below  directed.  (Art.  33,  Sec.  73.) 

RETURNS  MUST  BE  SEALED  UP. 

So  soon  as  the  returns  shall  be  completed,  they  shall 
each  be  enclosed  in  an  envelope,  and  each  of  the  en- 


168 

velopes  shall  be  sealed  with  sealing  wax  or  some  similar 
material.  Each  of  the  judges  and  clerks  shall  write  his 
name  across  the  fold  of  the  envelope.  (Art.  33,  Sec.  73.) 

THESE  ENVELOPES  SHALL  BE  ADDRESSED  AS  FOLLOWS: 
IN  THE  COUNTIES. 

One  to  the  County  Commissioners. 
One  to  the  Clerk  of  the  Circuit  Court. 

IN  THE  CITY. 

One  to  the  Mayor. 

One  to  the  Clerk  of  the  Superior  Court. 

On  the  outside  of  each  envelope  shall  be  endorsed  the 
statement  that  it  contains  the  votes  cast,  and  for  what 
precinct,  ward,  district,  city  or  county.  (Art.  33,  Sec.  73.) 

TALLIES  TO  BE  SIGNED  AND  SEALED  UP. 

Each  set  of  tallies  shall  in  like  manner  be  signed  and 
sealed  up,  and  the  envelopes  containing  them  shall  have 
the  name  of  each  judge  and  clerk  written  by  such  judge 
or  clerk  across  its  fold,  and  shall  be  endorsed  with  the 
statement  that  it  contains  the  tallies,  and  for  what  ward, 
precinct,  county  or  city. 

One  envelope  containing  the  tallies  shall  be  directed 
to  the  Register  of  Wills,  and  the  other  to  the  Board  of 
Supervisors  of  Election.  (Art.  33,  Sec.  73.) 

SECTION  XL 

WHAT  IS  TO  BE  PUT  IN  THE  BALLOT-BOX  AND  HOW  IT  IS  TO 
BE  SEALED  UP. 

THE  "SPOILED,"  "NOT  VOTED,"  "REJECTED"  AND  "DEFEC- 
TIVE" BALLOTS. 

The  "spoiled"  and  "not  voted"  ballots  are  to  be  en- 
closed in  a  package  to  themselves,  and  the  package  en- 
dorsed "spoiled  and  not  voted."  The  "rejected"  and 
"defective"  ballots  shall  then  be  encloseq  in  another 
package,  and  endorsed  "rejected  and  defective."  All  of 
these  ballots  except  the  "defective"  will  have  their 
coupons  upon  them,  and  their  coupons  must  be  allowed 
to  remain  upon  them  and  must  be  returned  undetached 
with  them.  (Art.  33,  Sec.  74.) 


169 

BALLOTS  CAST    AXD  COUNTED,    AND   POLL   IJOOKS. 

These  two  packages  of  ballots  must  be  placed  in  the 
ballot-box  (as  must  also  be  all  the  ballots  cast  and 
counted,  and  both  the  poll-books.)  (Art.  33,  Sec.  74.) 

LOCKING  AND  SEALING  BALLOT-BOX. 

The  ballot-box  must  then  be  locked  and  the  key  re- 
moved. A  strip  of  paper  upon  which  the  judges  shall 
have  written  their  names  must  be  then  pasted  over  the 
slit  through  which  the  ballots  are  put  into  the  box,  the 
keyhole  and  the  edge  of  the  lid,  so  that  the  signatures 
will  extend  over  the  lid  in  such  manner  that  the  open- 
ing of  the  box  will  tear  the  paper  and  destroy  the  sig- 
natures, and  so  that  when  the  key  is  inserted  in  the  key- 
hole it  will  tear  the  paper  so  pasted  over  the  keyhole. 
This  slip  of  paper  must  be  pasted  on  with  sealing  wax  or 
other  adhesive  material.  (Art.  33,  Sec.  74.) 

SECTION  XII. 

CUSTODY  AND  DELIVERY  OF  BALLOT-BOX  AND  RETURNS. 

WHAT  THE  CITY  JUDGES  ARE  TO  TAKE  WITH  THEM  WHEN 

THEY  FINALLY  SEPARATE  AFTER  THE  COUNT. 

One  judge  takes  the  ballot-box.  A  judge  of  the  other 
political  party  takes  the  key  and  the  sealed  package  of 
unused  ballots.  A  third  judge  shall  take  one  of  the 
registries  and  one  of  the  statements  sealed  up  in  an  en- 
velope. The  fourth  judge  shall  take  the  other  registry 
and  the  other  statement  sealed  up  in  its  envelope. 

Each  of  the  clerks  shall  take  one  of  the  tally  sheets 
sealed  up  in  its  envelope. 

When  all  this  has  been  done,  and  not  before,  the  judges 
and  clerks  may  separate  and  their  meeting  is  finally  dis- 
solved. 

JUDGES  IN  BALTIMORE  CITY  TO  DELIVER  BALLOT-BOX  AND 
RETURNS  BEFORE  NOON  OF  DAY  AFTER  ELECTION. 

Before  noon  of  day  after  election  the  Baltimore  City 
judges  must  deliver  the  election  property  and  statements 
committed  to  them  as  follows: 

Ballot-box  to  Supervisors  of  Election. 

Key  to  Supervisors  of  Election. 

Unused  ballots  to  Supervisors  of  Election. 

Registries  to  Supervisors  of  Election. 


170 

One  envelope  with  returns  to  Clerk  of  Superior  Court 
One  envelope  with  returns  to  Mayor  of  Baltimore. 
And  must  take  receipt  therefor.     It  will  be  absolutely 
necessary  for  the  judges  to  get  these  receipts,  for  the 
law  expressly  provides  that  no  judge  shall  be  paid  for 
his  services  unless  and  until  he  produces  such  receipt. 
(Art.  33,  Sec.  75.) 

IN  COUNTIES  TWO  OF  THE  JUDGES  TAKE  CHARGE  OF 
BALLOT-BOXES,  RETURNS,  TALLIES,  ETC. 

In  the  counties  the  Supervisors  will  designate  in  ad- 
vance one  of  the  judges  who  also  acted  as  officer  of  reg- 
istration to  take  charge  of  the  ballot-box  and  its  con- 
tents. The  other  judge  who  acted  as  register  shall  take 
the  key  and  the  sealed  package  of  unused  ballots.  Each 
of  said  judges  shall  take  one  of  the  registries  and  one  of 
the  returns  sealed  up  in  its  envelope,  and  one  of  the 
tally  sheets  sealed  up  in  its  envelope,  and  the  meeting  of 
the  judges  and  clerks  shall  then  be  dissolved.  (Art.  33, 
Sec.  75.) 

RETURN  OF  BALLOT-BOX,  KEY,  RETURNS,  ETC. 

These  two  judges,  shall,  before  12  o'clock  noon  the 
second  day  after  the  election,  that  is  to  say,  before  noon 
Thursday  following  the  Tuesday  of  the  election,  deliver 
the  ballot-box  and  key,  the  package  of  unused  ballots, 
and  the  registries,  to  the  Supervisors  of  Election.  One 
of  the  envelopes,  containing  the  returns,  they  shall  de- 
liver to  the  Clerk  of  the  Circuit  Court,  the  other  to  the 
County  Commissioners.  One  of  the  tallies  in  its  en- 
velope they  shall  deliver  to  the  Board  of  Supervisors,  the 
other  to  the  Register  of  Wills.  The  judges  charged  with 
these  deliveries  must  be  careful  to  take  receipt  for 
whatever  they  deliver.  (Art.  33,  Sec.  76.) 


PART  III. 


INSTRUCTIONS  TO  CLERKS  OF  ELECTIONS. 

Clerks  must  be  punctual  in  attendance.  The  clerks, 
like  the  judges,  and  under  the  same  penalties,  must  at- 
tend promptly  at  the  hour  fixed  for  the  opening  of  the 
polls,  and  must  remain  on  duty  until  the  returns  are 
completed.  Like  the  judges,  a  clerk  may  appoint  a  sub- 
stitute to  act  for  him  if  he  is  necessarily  compelled  to 
leave  the  poll-room  during  the  election.  Such  substitute 
acts  only  until  the  clerk  returns.  As  to  the  method  of 
appointing  such  substitute  full  instructions  are  given 
under  the  heading  of  "Instructions  to  Judges." 

CLERKS  MUST  KEEP  POLL-BOOKS. 

Each  clerk  shall  keep  a  poll-book.  This  poll-book  will 
have  one  column  headed  "Number,"  and  another  headed 
"Name  of  Voter."  The  entries  in  these  books  must  be 
made  in  ink  The  name  and  number  of  each  voter  from 
one  upward,  consecutively,  shall  be  written  by  the  clerks 
in  the  poll-books  at  the  time  the  voter  obtains  his  ballot 
from  the  judge  holding  the  ballots.  If  subsequently,  the 
vote  is  rejected  by  the  judges  and  is  not  deposited  in  the 
ballot-box,  or  the  voter  returns  his  ballot  without  voting 
it,  the  clerk  shall  draw  a  line  through  the  name  and 
number  of  such  voter,  and  the  next  voter  to  receive  a 
ballot  will  have  his  name  numbered  on  the  poll-book  just 
precisely  as  if  the  voter  before  him  had  actually  cast  his 
ballot.  After  the  name  of  each  voter  whose  name  was 
rejected,  the  clerks  shall  write  on  each  of  their  poll-books 
the  word  "rejected."  After  the  name  of  each  voter  who 
returns  his  ballot  without  voting  it,  the  clerks  shall  write 
on  each  poll-book  the  words  "did  not  vote."  (Art.  33, 
Sees.  63,  68.) 

DUTIES  OF  CLERKS  IN  ASSISTING  VOTERS. 

After  the  voter  entitled  to  assistance  has  made  to  the 
judges  the  oath  required  by  him  to  be  taken,  it  will  be  the 


172 

duty  of  the  clerks  to  assist  him  if  he  so  desires.  One  clerk, 
in  the  presence  of  the  other,  shall  mark  the  ballot  as  in- 
dicated by  the  voter  only,  the  voter  himself  naming  one 
by  one  the  candidates  for  whom  he  desires  to  vote,  and 
not  indicating  them  by  a  general  designation  as  the  can- 
didates of  any  one  political  party.  The  ballot  shall  not 
be  read  to  him.  (See  Sec.  67.) 

Both  judges  and  clerks  are  required,  when  swearing 
in,  to  make  oath  that  they  will  not  reveal  information 
which  they  may  obtain  as  to  how  any  voter  marked  his 
ballot  or  directed  how  it  was  to  be  done.  The  terms  of 
the  oath  are  stringent  and  precise,  and  are  violated  by 
indicating  or  hinting  in  any  way  how  any  voter  voted. 

DUTIES  OF  THE  CLERKS  AT  THE  CLOSE  OF  THE  POLLS— 
SIGNING  NAMES  ON  POLL-BOOKS. 

After  the  close  of  the  polls  and  before  the  ballot-box 
shall  be  opened,  each  of  the  election  clerks  must  write 
his  name  in  ink  in  each  of  the  poll-books  immediately 
under  the  name  of  the  last  voter.  (Art.  33,  Sec.  70.) 

DUTIES  OF  CLERKS  DURING  COUNT. 

The  duties  of  the  clerks  during  the  count  shall  be  to 
tally  the  votes  for  each  candidate,  and  on  each  side  of 
each  proposition  voted  on  as  the  same  shall  be  called  out 
by  the  judges  who  are  counting  the  ballots.  When  all 
the  ballots  have  been  called  off  the  clerks  compare  their 
tallies  together,  and  when  they  agree  upon  the  number 
of  votes  received  by  each  candidate,  one  of  them  shall 
announce  the  number  of  votes  received  by  each  candi- 
date in  a  loud  tone  of  voice.  (Art.  33,  Sec.  71.) 

DUTIES  OF  THE  CLERKS  WITH  REFERENCE  TO  THE  RETURNS. 

The  clerks  shall  sign  the  duplicate  returns.  Like  the 
judges,  if  these  returns  are  on  more  than  one  sheet  they 
must  sign  their  names  on  each  sheet.  Like  the  judges, 
if  either  clerk  declines  to  sign  the  returns,  he  must  make 
out  a  written  statement  of  the  reason  why  he  declines 
to  sign,  and  must  enclose  this  statement  with  the  returns, 
and  have  it  returned  along  with  them.  Like  the  judges, 
each  clerk  must  sign  his  name  across  the  fold  of  the 
envelope  in  which  the  returns  and  the  tallies  are 
sealed  up,  and,  like  the  judges,  he  must  sign  each  set  of 
tallies.  When  this  has  been  done,  and  the  meeting  of 


173 

the  judges  and  clerks  has  been  dissolved,  -the  clerks  in 
the  counties  will  have  no  further  duties.  In  Baltimore 
city  the  clerks  must  take  charge  of  and  return  the  en- 
velopes containing  the  tallies  to  the  officials  to  whom 
they  are  respectively  directed  before  twelve  o'clock  noon 
of  the  day  after  the  election,  and  must  take  receipt 
therefor;  that  is  to  say,  one  of  the  clerks  will  have  to  de- 
liver his  envelope  to  the  Board  of  Supervisors  of  Election 
and  the  other  clerk  to  the  Register  of  Wills.  The  clerks 
must  be  particular  to  get  receipts  for  these  envelopes, 
for  the  law  expressly  provides  that  they  shall  not  be  paid 
unless  they  produce  such  receipts.  (Art.  33,  Sees.  73,  75.) 


FORMS  OF  BLANKS, 

Which  Supervisors  are  to  Have  Printed  in  Sufficient 

Quantities   to  Supply  Each  Registration  and 

Polling  Room. 

PREPARED  BY  THE  ATTORNEY  GENERAL  OF 
MARYLAND. 

In  Accordance  with  the  Provisions  of  Section  1 20  of  Article 
33  of  the  Code  of  Public  General  Laws. 


REGISTRATION  FORMS. 


SUMMONS. 

To  the  Sheriff  or  to  any  Constable  of County? 

Greeting: 

You  are  hereby  commanded  to  summons ,  who 

resides  at to  appear  before  us,  the  Board  of  Registry, 

of  the election  precinct  of  the district  of  said 

county,  to  testify  on  the day  of 190...,  at M., 

in  the  matter  of  registering  (or  erasing  the  name  of) 

which  matter  is  now  pending  before  us  as  such 

Board  of  Registry. 

In  Testimony  Whereof,  witness  our  hands  and  seals 
this day  of ,  190.. 


Board  of  Registry  for  the precinct  of  the 

district  of  said  county. 

ATTACHMENT. 

To Esq.,  Sheriff  of County,  or  to  any  Con- 
stable of County,  Greeting: 

We,  the  Board  of  Registry  for  the election  precinct 

of  the district  in  said  county,  hereby  command  you 

to  take  the  body  of who  resides  at  — ,  in and 

him  or  her  immediately  have  before  us,  as  such  officers 
of  registration,  to  answer  a  contempt  of  our  authority, 
as  such  officers  of  registration,  in  not  being  present  at 
our  office( )  on  the day  of 

Here  insert  place  of  said  officf- 

190...,  and  in  not  answering  to  his  name  when  called  to 
testify  in  the  matter  of  registering  (or  erasing)  the  name 

of upon  the  registers  of  this  precinct,  after  having 

been  legally  summoned  to  testify  then  and  there  and 
therein. 

In  Testimony  Whereof,  witness  our  hands  and  seals  as 
such  Board  of  Registry,  this day  of 190. 


Board  of  Registry  for  the election  piecinct  of  the 

district  of •.  .county. 


176 

COMMITMENT  BY  BOARD  OF  REGISTRY. 

State  of  Maryland, County,  to  Wit : 

To  the  Sheriff  of County,  Greeting: 

You  are  hereby  commanded  to  receive  the  body  of 
,  who  is  committed  for  trial  before  the  Cir- 
cuit Court  of County,  for  the  offense  of 

Here  set  forth  as  nearly  as  you  can  in  the  language  of  the  law  the 
exact  offence  for  which  you  have  committed  him. 

at  or  around  the  place  of  registration  of  the  names  of 

qualified  voters  of  the election  precinct  of  the 

district  of  said  county,  and  him,  the  said safely 

keep  in  your  custody  in  jail,  until  he  shall  be  thence  dis- 
charged according  to  law;  thereof  fail  not  at  your  peril. 
In  testimony  whereof,  witness  our  hands  and  seals  this 

day  of ,  190...,  as  the  Board  of  Registry 

for  the election  precinct  of  the district 

of  said  county. 

(Seal.) 

(Seal.) 

Board  of  Registry  for  the election  precinct 

of  the district  of county. 

SUBSTITUTE  OFFICER  OF  REGISTRATION. 
Oath  to  be  Taken  By. 

I, residing  at in  the  county  of 

in  the  State  of  Maryland,  do  solemnly  swear 

(or  affirm)  that  I  am  a  legal  voter  in  the precinct 

of  the district  of  the  county  of ,  in  said 

State;  that  I  will  support  the  Constitution  of  the  United 
States  and  that  I  will  be  faithful  and  bear  true  allegiance 
to  the  State  of  Maryland  and  support  the  Constitution 
and  laws  thereof,  and  that  I  will  faithfully  and  honestly 
discharge  the  duties  of  an  officer  of  registration  and  of 

judge  of  election  for  the precinct  of  the 

district  of  the  county  of  ,   in  the  State  of 

Maryland,  according  to  the  best  of  my  ability;  and  I  do 
further  swear  (or  affirm)  that  I  will  not  attempt  to  as- 
certain, save  in  cases  and  in  the  manner  in  which  I  am 
authorized  by  law  so  to  do,  for  what  candidate  or  candi- 
dates any  person  shall  vote  or  has  voted,  on  any  question, 


177 

which  may  be  or  may  have  been  submitted  to  the  vote 
of  the  people,  and  if  such  knowledge  shall  be  acquired 
by  me,  I  will  not  directly  or  indirectly,  by  word  or  act, 
divulge  or  reveal  the  same  or  aid  in  doing  so,  save  when 
I  may  be  required  to  do  so  by  law  in  some  legal  proceed- 
ing. 


Signature  of  Substitute  Register 

Sworn  and  subscribed  before  me,  an  officer  of  regis- 
tration and  judge  of  election  of  said  precinct,  this 

day  of ,  190.... 


SUBSTITUTE  OFFICER  OF  REGISTRATION. 
Note  of  Appointment  to  be  Made  in  Registers. 

It  is  hereby  noted  that  on  this day  of 

190. . .,  at  the  hour  of M., was  appointed 

by  me,  a  member  of  the  Board  of  Registry,  to  take  the 

place  of ,  a  regular  officer  of  registration, 

who  was  then  compelled  to  absent  himself  for  the  fol- 
lowing reason  ( )  and  I  do  hereby  further 

certify  that  Here  insert  Reason,  before  acting  as  such  offi- 
cer of  registration,  the  said  substitute  officer  of  registra- 
tion took  and  subscribed  the  oath  below  set  forth,  and 
the  said  substitute  officer  of  registration  served  until 
the  day  of ,  190 . . ,  at  the  hour  of 


Member  of  the  Board  of  Registry  of  the precinct 

of  the district  of  the county. 

OATH. 

To  be  Taken  by  Applicant  for  Registration. 
In  the  presence  of  Almighty  God,  you  do  solemnly 
promise  (or  affirm)  that  you  will  fully  and  truly  answer 
all  such  questions  as  shall  be  put  to  you,  touching  your 
place  of  residence,  name,  place  of  birth,  your  qualifica- 
tions as  a  voter  and  your  right  as  such  to  register  and 
vote  under  the  laws  of  this  State. 

PETITION  TO  COURT. 
By  Applicant  for  Registration  Refused  Registration. 

vs 

Board  of  Registry  of  the election  precinct 

of  the district  of county. 


To  the  Honorable,  the  Judges  of  said  Court  : 

I,  ............  ,  in  the  presence  of  Almighty  God,  do 

solemnly  declare  that  I  did  on  ............  ,  make  applica- 

tion to  the  Board  of  Registry  of  the  ...............  election 

precinct  of  the  ..............  district  of  the  .........  county, 

and  that  said  Board  of  Registry  refused  to  register  me 
as  a  qualified  voter  in  said  precinct,  and  that  I  am  a  duly 
qualified  voter,  entitled  to  vote  at  the  next  election. 


Here  voter  signs  his  name. 

Subscribed  and  sworn  to  before  me,  a  Justice  of  the 
Peace  of  the  State  of  Maryland,  in  and  for  the  county 
aforesaid,  this  ...........  day  of  ..........  ,  190... 

....................................  ,J.P. 

OATH. 
Of  Person  Who  Asked  That  a  Name  be  Erased  From 

the  Registry. 
"I,  ............  ,  a  voter  of  ................    county,  in  the 

presence  of  Almighty  God,  do  solemnly  declare  that  I 
believe  ............  who  professes  to  reside  at  .........  ,  is  not 

a  qualified  voter  in  the  ...........   precinct  of  the  .......... 

district  of  the  ............  county,  on  the  ground"  (here 

state  grounds)  ........................................... 

Subscribed  and  sworn  to  before  us,  the  Board  of  Regis- 
try of  said  precinct,  this  ............  day  of  ..........  ,  190... 


NOTICE. 

To  Persons  Whose  Names  Are  on  Suspected  List. 
To   

Dear  Sir — You  are  hereby  notified  to  appear  before  the 

Board  of  Registry  for  the election  precinct  of 

the  district  of  county,  on  Tuesday 

next,  the day  of  October,  190...,  between  the 

hours  of  8  a.  m.  and  8  p.  m.  on  said  day,  and  then  and 
there  show  cause,  if  any  you  have,  why  your  name  should 
not  be  erased  from  the  registry  of  said  precinct. 

By  order  Board  of  Registry  of  the  precinct, 

of  the district  of  the county. 


Clerk  of  Board  of  Registry. 


179 

AFFIDAVIT. 

By  Cle-rk  of  Board  of  Registry,  Showing  Services  of 
Notices  by  Him. 

State  of  Maryland,  County  of ,  to-wit: 

"I, ,clerk  of  the  Board  of  Registry  of  the 

election  precinct  of  the district  of  the 

county,  do  hereby,  in  the  presence  of  Almighty  God, 
solemnly  declare  (or  affirm)  that  I  have,  in  accordance 
^rith  law,  mailed  notices  to  the  following  persons,  ad- 
dressed to  the  residences  below  set  forth,  opposite  the 
name  of  each  of  said  persons,  requiring  such  persons  and 
each  of  them  to  appear  before  the  Board  of  Registry  of 

said  precinct  on  Tuesday,  October between  the  hours 

of  8  a.  m.  and  8  p.  m.  to  show  cause,  if  any  they  have, 

why  their  names  should  not  be  erased  from  the  registry." 

Name:  Address  to  which  notice  was  mailed : 


And  I  do  further,  in  the  presence  of  Almighty  God,  de- 
clare (or  affirm)  that  upon  the  following  persons  I  served 

a  duplicate  of  said  notice  personally,  namely, ,  and 

that  upon  the  following  persons  I  served  said  notice  by 
leaving  the  same  at  their  registered  addresses,  which 
addresses  are  below  set  forth  opposite  the  name  of  each 
of  said  persons: 

Name.  Address. 


Clerk  to  the  Board  of  Registry  of Precinct. 

Sworn  and  subscribed  before  me,  a  judge  of  election 

and  officer  of  registration  of  the election  precinct  of 

the district  of  the county,  this day  of  Octo- 
ber, 190... 


OATH 

Of  Voter  Whose  Name  Was  on  the  Suspected  List,  but 
Who  Appears  Before  the  Board  of  Registry  to  Show 

Cause  Why  His  Name  Should  Not  be  Stricken  Off. 
I,  in  the  presence  of  Almighty  God,  do  solemnly  declare 
that  I  am  a  citizen  of  the  United  States,  and  that  I  have 


180 

resided  in  the precinct of  the district  of  the 

county,  in  the  State  of  Maryland,  from  the 

day  of  .. '.....  190...,  up  to  the  ....  day  of  

190...,  and  that  I  have  not  since  acquired  a  later  resi- 
dence, giving  me  a  right  to  vote  elsewhere. 


Sworn  and  subscribed  before  us,  the  Board  of  Regis- 
try of  said  precinct,  this —  day  of  October,  190... 


OATH. 

Of  Voter  Who  is  Charged  With  Having  Been  Convicted 
of  Infamous  Crime. 

I,  in  the  presence  of  Almighty  God,  do  solemnly  de- 
clare that  I  am  a  citizen  of  the  United  States,  and  that 

I  have  resided  in  the precinct  of  the 

district  of  the county,  in  the  State  of  Mary- 
land, from  the day  of ,  190...,  up  to  the 

day  of ,  190...,  and  that  I  have  not  since 

acquired  a  legal  residence  giving  me  a  right  to  vote  else- 
where, and  that  I  have  never  been  convicted  of  any  in- 
famous crime  since  I  arrived  at  the  age  of  twenty-one 
years  (or  that  although  I  was  convicted  of  an  infamous 
crime,  I  was  pardoned  by  the  Governor  of  Maryland,  on 
or  about  the day  of 190...) 


Subscribed  and  sworn  before  us,  the  Board  of  Regis- 
try of  said  precinct,  this  day  of  October,  190 . . 


CERTIFICATE. 
To  be  Subscribed  at  the  End  of  Each  Registry  at  the 

Close  of  the  Session  for  Revision  in  October. 
We,  the  undersigned,  constituting  the  Board  of  Regis- 
try of  the precinct  of  the district  of 

the county,  in  the  State  of  Maryland,  do  jointly 

and  severally  certify  that  at  the  general  registration  of 

voters  in  said  precinct,  closed  on  this  day  of 

there  were  registered  by  us  in  said  precinct  the  names 
which  in  this  registry  are  entered,  and  that  the  number 


181 

of  registered  and  qualified  voters  was  and  is  the  number 
of  . 


Dated  this day  of  October,  190... 

REMOVAL  CERTIFICATE. 

PrecinCt,  ( District  of  County)  or 

Ward  of  Baltimore  City. 

This  is  to  certify  that  the  name  of heretofore 

residing  at ,  in  this  precinct,  has  been  stricken  from 

the  registers  of  the  precinct  and  the  proper  erasure 
made,  and  that  upon  the  registers  of  this  precinct  the 
following  entries  appear  with  reference  to  him: 

Name 

Age 

Color 

Residence 

Nativity 

Time  of  residence  in  precinct 

Time  of  residence  in  county  (or  in  ward  and  city) 

Time  of  residence  in  State 

Naturalized 

Date  of  papers 

Court 

Qualified  voter 

Date  of  application 


Board  of  Registry  of  said  Precinct. 

or 

Board  of  Suuervisors  of  Election  of County. 

(Or  of  Baltimore  City.) 

Affidavit  Printed  on  Back  of  Removal  Certificate,  and  to 

Be  Taken  by  Voter  When  His  Name  is  Stricken 

Off  the  Registry  at  His  Request. 

I, ,  in  the  presence  of  Almighty  God,  do  solemnly 

declare  (or  affirm)  that  I  now  reside  at in 

county;  that  I  am  the  same  person  who  is  entered  by 
that  name  as  a  qualified  voter  in  the  registries  of  the  — 
precinct  of  the  —  district  of county;  that  I  have  re- 
moved from  the  said  last-mentioned  residence,  and  I  do 


182 

request  that  the  proper  entries  and  records  be  made,  and 
that  my  name  be  erased  from  the  registries  of  said  last- 
mentioned  precinct,  and  that  a  removal  certificate  be 
furnished  me  at  this  time. 


Subscribed  and  sworn  to  before  us,  the  Board  of  Reg- 
istry of  the  said  precinct,  this day  of 190. . . 


NOMINATION  FORMS. 


CERTIFICATE  OF  NOMINATION. 

By  a  Convention,  for  an  Office  to  be  Filled  by  the  Voters 
of  An  Entire  County. 

We,  the  undersigned,  presiding  officer  and  secretary 
of  the  convention  for  the  nomination  of  a  candidate  of 
the party,  for  the  office  of here- 
by certify  that residing  at ., 

in  the  county  of   ,  whose  business  is 

and  whose  address  is ,  was  duly  nominated 

for  the  office  of by  the   party 

convention  of county,  held  on  the day 

of ,  190... 

That  the  said  convention  represents  a  party  which,  at 
the  last  general  election  held  in  this  State,  polled  more 
than  one  per  cent,  of  the  entire  vote  cast  in  the  said 
county. 

That  the  said  convention  was  held  at in 

county. 

Witness  our  hands  this  day  of ,  190. . . 

Whose  residence  is  at )    Presiding  officer 

Whose  business  is v  of  the 

Whose  place  of  business  is  at ;    said  convention. 

Whose  residence  is  at J         Secretary 

Whose  business  is >  of  the 

Whose  place  of  business  is  at )  said  convention. 

State  of  Maryland,  County  of ,  to  Wit : 

On  the day  of ,  A.  D.,  190...,  before 

me,  the  subscriber,  one  of  the  Justices  of  the  Peace  of 
the  State  of  Maryland,  in  and  for  the  county  aforesaid, 

personally  appeared ,  and ,  the 

presiding  officer  and  secretary,  respectively,  of  the 


184 

party  convention,  held  in  the  county  aforesaid, 

and  acknowledged  the  aforegoing  certificate  of  nomina- 
tion to  be  their  respective  act,  and  their  signatures  there- 
unto to  be  genuine. 

,J.P. 

Note— The  certificate  of  a  nomination  by  a  primary  election  will  be  in  sub- 
stance the  same,  except  that  the  persons  whose  dutv  it  may  be  by  party  usage 
to  declare  the  result  of  such  primary  election  must  be  the  persons  to  make  the 
certificate.  Each  of  said  persons  must  add  to  their  signatures  their  respective 
places  of  residence,  their  business  and  business  addcrsses,  and  each  of  them 
must  acknowledge  the  certificates  before  some  officer  authorized  to  make  such 
acknowledgment?. 

Certificates  of  nomination  for  offices  to  be  tilled  by  the  voters  of  particular 
portions  of  the  county,  or  of  a  municipality,  shall  be  in  the  same  form  as  above 
with  uecessarv  changes  to  make  them  applicable  to  the  precise  facts  of  each 
special  case. 

"CERTIFICATE  OF  INDEPENDENT  NOMINATION. 
To  the  Board  of  Supervisors  of  Election: 

We,  the  undersigned  voters  in  the  county  of ,  do 

hereby  certify  that  we  do  nominate ,  who  resides 

at ,  in  said  county,  whose  business  is ,  and  whose 

address  is ,  for  the  office  of we  do  further  cer- 
tify that  we  and  each  of  us  intend  to  vote  for  the  said 
person  nominated  hereby;  we  do  further  certify  that  said 
candidate  so  nominated  hereby  is  the  candidate  of  the 

party.  Witness  our  hands  this day  of ,  190 . . . 

Name  of  voter Residence  of  voter 

Occupation  of  voter Place  of  business  of  voter 

State  of  Maryland,  County  of ,  to-wit: 

I, ,  do  solemnly  swear  (or  affirm)  that  each  of 

the  persons  whose  names  are  signed  to  the  above  certi- 
ficate of  nomination  are  known  to  me  to  be  registered 
voters  of  the  district  or  precinct  in  which  they  respec- 
tively reside,  and  that  I  personally  saw  each  of  said 
signers  sign  such  certificate  of  nomination. 


I  hereby  certify  that  the  above  affidavit  was  sworn  and 

subscribed  before  me  this day  of ,  190..., 

and  that  the  said  affiant  is  personally  known  to  me. 

,J.P. 

Note— If  some  of  the  persons  who  sign  any  particular  certificate  did  so  in  the 
presence  of  one  person  and  others  in  the  presence  of  another,  the  affidavits  of 
each  of  them  must  specify  which  of  the  voters  so  signing  the  said  certificate  of 
nomination  signed  in  the  presence  of  the  persons  so  making  affidavit  with  re- 
ference thereto. 

The  above  form  of  Independent  Nominations  is  certainly  applicable  in  the 
counties  of  the  State.  Chapter  296  of  the  Acts  of  19i  2  attempts  to  prescribe  a 
different  rule  for  Baltimore  City.  It  is  believed  that  this  provision  in  this  Act 
will  be  held  invalid  by  the  Courts  because  the  TITLE  of  the  Act  does  not  disclose 
the  purpose  to  make  the  regulation  attempted  as  required  by  Article  3,  Section 
29.  of  the  State  Constitution 


185 

DECLINATION  OF  A  CANDIDATE. 
To  the  Board  of  Supervisors  of  Election  for  the  County 
of 

I, ,  heretofore  nominated  by  the 

party  for  the  office  of ,  do  hereby  decline 

said  nomination. 

Witness  my  hand  this day  of ,  190... 

State  o2  Maryland,  County  of ,  to  wit : 

I,  ,  a  Justice  of  the  Peace  of  the  State  of 

Maryland,  in  and  for  the  county  aforesaid,  do  hereby 

certify  that  on  this  day  of ,  before  me 

personally  appeared personally  known  to 

me  to  be  the  person  referred  to  in  the  above  declination 
and  the  person  who  signed  the  same,  and  acknowledged 
that  the  said  declination  was  his  act. 

,J.P. 

CERTIFICATE  OF  NOMINATIONS. 
To  Fill  a  Vacancy  by  a  Committee  Empowered  by  a  Con- 
vention to  Fill  Such  Vacancy. 

To  the  Board  of  Supervisors  of  Elections  : 

We,  the  undersigned,  chairman  and  secretary  of  the 

committee  of  the  party  of 

the county,  do  hereby  certify  that  at  the 

convention  of  the  said  party,  held  on  the day 

of ,  the  said  committee  was  authorized  to  fill 

vacancies  which  might  happen  among  the  nominees  of 
the  said  convention;  that  a  vacancy  has  occurred  in  the 

candidate  of  said  party  for  the  office  of the 

said  vacancy  being  caused  by  the ,  that  the 

name  of  the  person  originally  nominated  for  such  office 
was and  that  the  office  for  which  he  was  so  nomi- 
nated was ,  and  we  do  further  certify  that  at  a  meet- 
ing of  the  said  committee  held  on  the day  of....'.., 

190. . .,  in  pursuance  of  the  power  and  authority  conferred 
upon  said  committee  by  the  said  convention,  the  said 

committee  has  nominated for  the  said  office  of , 

residing  at in  the  county  aforesaid,  whose 

business  is ,  and  whose  address  is 

Witness  our  hands  this day  of ,  190 . . 

Test: 


186 

Whose  residence  is  at }  Chairman 

Whose  business  is >  of  the  said 

Whose  place  of  business  is  at. )  Committee. 


Whose  residence  is  at }  Secretary 

Whose  business  is >      of  the 

Whose  place  of  business  is  at )  Committee. 


Note— The  said  certificate  is  to  be  acknowledged  by  Ihe  chairman  and  sec- 
retary, respectively,  in  the  same  manner  as  the  original  certificate  of  nomina- 
tion was  acknowledged  by  the  pr^iding  officer  and  secretary  of  the  convention 
which  made  the  original  nomination. 


ELECTION  FORMS. 


APPOINTMENT  AND  OATH  OF  SUBSTITUTE 
JUDGE  OR  CLERK. 

In  Place  of  Judge  or  Clerk  Not  Present,  Within  Fifteen 
Minutes  After  the  Opening  of  the  Polls. 

We,  the  judges  of  election  of  the precinct  of 

the  district  of   county,  present  at  such 

polling  place,  appointed  a  judge  (or  clerk) 

of  election  for  said  precinct,  not  having  attended  at  such 
polling  place  at  the  opening  of  the  polls,  or  within  fif- 
teen minutes  thereafter,  do  appoint ,  as  judge 

(or  clerk)  of  election  in  the  place  and  stead  of  the  said 

,  so  absent,  we  having  first  administered  to 

him,  and  he  haying  taken  and  subscribed  the  oath  below 
set  forth;  that  is  to  say: 

I,  residing  at  ,  in  the  county 

of ,  in  the  State  of  Maryland,  do  solemnly 

swear  (or  affirm)  that  I  am  a  legal  voter  in  the  ......  pre- 
cinct of  the district  of  the  county  of 

in  said  State,  that  I  will  support  the  Constitution  of  the 
United  States,  and  that  I  will  be  faithful  and  bear  true 
allegiance  to  the  State  of  Maryland,  and  support  the 
Constitution  and  laws  thereof,  and  that  I  will  faithfully 
and  honestly  discharge  the  duties  of  an  officer  of  regis- 
tration, and  of  judge  of  election  for  the precinct 

of  the district  of  the  county  of 

in  the  State  of  Maryland  according  to  the  best  of  my 
ability;  and  I  do  further  swear  (or  affirm)  that  I  will  not 
attempt  to  ascertain,  save  in  cases  and  in  the  manner  in 
which  I  am  authorized  by  law  so  to  do,  for  what  candi- 
date or  candidates  any  person  shall  vote  or  has  voted  on 
any  question  which  may  be,  or  may  have  been,  submit- 
ted to  the  vote  of  the  people,  and  if  such  knowledge 
shall  be  acquired  by  me,  I  will  not  directly  or  indirectly, 
by  word  or  act,  divulge  or  reveal  the  same,  or  aid  in  do- 


188 

ing  so,  save  when  I  may  be  required  to  do  so  by  law  in 
some  legal  proceeding. 

In  testimony  of  which  appointment  having  been  made, 
and  said  oath  having  been  taken  and  subscribed,  we  do 
hereunto  subscribe  our  names. 


APPOINTMENT  AND  OATH  OF  SUBSTITUTE 
JUDGE  OR  CLERK. 

Made  by  Judge  or  Clerk  Compelled  to  Absent  Himself 
from  the  Polls. 

I, ,  a  judge  (or  clerk)  of  election  for  the 

precinct  of  the district   of 

county,  being  compelled  by 

to  absent  myself  from      Here  inserfc  reason  of  ab«eiice 

the  polling  place  of  said  precinct,  do  hereby  appoint  in 

my  place  and  stead to  act  as  judge  (or 

clerk)  until  my  return,  I  having  first  administered  to 
him  the  oath  following: 

I,  ,  residing  at ,  in  the  county 

of ,  in  the  State  of  Maryland,  do  solemnly 

swear  (or  affirm)  that  I  am  a  legal  voter  in  the 

precinct  of  the district  of  the  county  of 

,  in  said  State;  that  I  will  support  the  Constitu- 
tion of  the  United  States,  and  that  I  will  be  faithful  and 
bear  true  allegiance  to  the  State  of  Maryland,  and  sup- 
port the  Constitution  and  laws  thereof,  and  that  I  will 
faithfully  and  honestly  discharge  the  duties  of  an  officer 

of  registration  and  of  judge  of  election  for  the 

precinct  of  the district,  of  the  county  of 

, ,  in  the  State  of  Maryland,  according  to 

the  best  of  my  ability;  and  I  do  further  swear  (or  affirm) 
that  I  will  not  attempt  to  ascertain,  save  in  cases  and  in 
the  manner  in  which  I  am  authorized  by  law  so  to  do, 
for  what  candidate  or  candidates  any  person  shall  vote 
or  has  voted,  on  any  question,  which  may  be,  or  may 
have  been,  submitted  to  the  vote  of  the  people,  and  if 
such  knowledge  shall  be  acquired  by  me,  I  will  not, 
directly  or  indirectly,  by  word  or  act,  divulge  or  reveal 


189 

the  same  or  aid  in  doing  so,  save  when  I  may  be  re- 
quired to  do  so  by  law  in  some  legal  proceeding. 

Sworn  and  subscribed  before  me  this day  of... 

,  190... 


NOTE  ON  POLL-BOOK  OF  APPOINTMENT  OF  SUB- 
STITUTE JUDGE  OR  CLERK. 

Form  of  Note  on  Poll-Book  of  Appointment  of  Substi- 
tute Judge  or  Clerk  of  Election. 

Note  :  —At  the  hour  of precisely was 

appointed  and  sworn  in  as  substitute  judge  (or  clerk)  of 

election  in  the  place  of ,  who  (here  state 

reason  of  absence),  and  said  substitute  began  to  serve  at 
precisely ,  and  ceased  to  serve  at  precisely. . . 


Judges  of  Election. 

COMMITMENT  BY  JUDGE  OF  ELECTION. 
State  of  Maryland, County,  to  Wit : 

To  the  Sheriff  of County,  Greeting  : 

You  are  hereby  commanded  to  receive  the  body  of 

,  who  is  committed  for  trial  before  the  Circuit 

Court  of county  for  the  offense  of 

Here  set  forth  as  nearly  «s  you  can  in  the  language  of  the 
law  the  exact  offense  for  which  you  have  committed  him. 

and  him,  the  said ,  safely  keep  in  your 

custody  in  jail  until  he  shall  be  thence  discharged  ac- 
cording to  law  thereof;  fail  not  at  your  peril. 

In  testimony  whereof,  witness  our  hands  and  seals  this 
day  of ,  190.. 


Judges  of  election  for  the precinct  of  the . . 

district  of  the county. 


Note— If  only  one  judge  signs  the  commitment  it  is  valid;  in  that  case  how. 
ever,  he  should  make  the  necessary  change  in  the  language  of  the  commit 
meiit  to  conform  to  the  facts. 


190 

AFFIDAVIT  OF  VOTER. 

Who  Needs  Assistance  Because  He  is  Suffering  From 
Physical  Disability  of  Some  Kind. 

State  of  Maryland, County,  to  wit : 

I, ,  whose  registered  address  is  

,  in  the  presence  of  Almighty  God,  do  solemnly 

declare  (or  affirm)  that  I  am  unable  to  mark  my  ballot 
because 

Here  state  the  special  physical  disability  which  incapacitates  the  voter. 

and  that  such  disability  has  existed  for  

years  and months. 

Subscribed  and  sworn  to  before  the  undersigned,  this 
day  of  November,  190 . . 

Judge  of  election  for  the precinct  of  the 

district  of  the county. 

STATEMENT  ON  RETURN. 

To  be  Made  in  Duplicate  by  the  Judges  of  Election  of 
Result  of  Election. 

We,  the  undersigned  judges  and  clerks  of  election  for 

the precinct  of  the district  of  the 

county  in  the  State  of  Maryland,  do  hereby 

certify  that  at  the  election  held  on  this  day  of 

November,  190 . . ,  that  the  polls  of  said  precinct  were 

open  at  the  hour  of a.  m.   and  were  closed  at  the 

hour  of p.  m.,  and  that  at  said  election  at  said  pre- 
cinct the  whole  number  of  votes  cast  for  

was  ( .)  and  the  whole  number  of 

Here  write  out  numbers  in  words. 

votes  cast  for ,  for  elector  for  President 

and  Vice-President  of  the  United  States  was  ( 

Here  write  out  numbers  in  words. 

(and  in  like  manner  for  each  of  the  other  candidates  for 
each  office.) 

And  we  do  further  certify  that  the  above  statement 
is  correct  in  all  respects. 

Witness  our  hands  this day  of  'November,  190. . . 


Judges  of  Election. 
Clerks  of  Election. 


191 

Affidavit  Before  Clerk  of  Court  of  a  Voter  Removing 
From  State. 

State  of  Maryland County  or  City  of 

Baltimore,  set :     I  hereby  certify  that  on  this 

day  of ,190..,  before  the  subscriber, 

Clerk  of  the  Circuit  Court  f  or County,  (or 

of  the  Superior  Court  of  Baltimore  City),  personally  ap- 
peared   ,  and  made  oath  (or  affirmation)  in 

due  form  of  law,  that  up  to  the  day  of  . . . : or 

thereabouts,  he  was  an  actual  resident  and  inhabitant 

of  the election  district  of county, 

or  of  the precinct  of  the ward 

of  the  Legislative  District 

of  Baltimore  city,  and  that  on  or  about  the day 

of he  removed  from  his  said  domicile  or  place 

of  residence  in  said  county  or  city,  and  took  up  his  domi- 
cile, habitation,  dwelling  place  or  abode  out  of  the  State 
of  Maryland,  to  wit  (in  here  insert  minute  and  definite 
description  of  the  place  of  abode;  that  when  he  so  re- 
moved out  of  the  State  he  had  a  fixed  and  definite  pur- 
pose to  return  thereto  by  a  certain  time,  and  that  he  did 
not  intend,  by  such  removal  to  change  his  residence 
within  the  State,  or  to  return,  or  not  to  return  to  'this 
State,  as  circumstances  thereafter  might  make  exped- 
ient; sworn  to  before  me  (signature  of  clerk,  seal  of 
court.) 


INDEX  TO  ELECTION  LAWS  AND  INSTRUCTIONS. 


ADVERTISEMENT— 

Sec.  Page. 

Names,  judges  and  clerks  original- 
ly appointed,  etc 11  8 

Time  and  place  of  registration  and 

election 12  9-10 

Nominations 39-44  39 

Name  of  new  nominee,  etc 50  42 

Precinct  boundaries 125  "  87 

ALTERATION  OF  BALLOTS 53  44 

Punishment  for 93  74 

ANNAPOLIS- 

City  of,  revision  of  registration 

books  in 38  38 

APPOINTMENT- 

Of  supervisors  of  election 1  3 

Of  clerks 6  5 

Of  messenger 6  5 

Of  judges  and  clerks  of  election. . .  7  5 

Of  judges  and  clerks  of  election- 
notification  of - 9  7 

Of  judges  and  clerks  of  election — 
record  of 9  7 

Of  judges  and  clerks  of  election — 
notice  of 11  8 

Of  judges  and  clerks  of  election— 
complaints  against 11 

Of  substitute  registration  officers  37 

Of  substitute  judges  and  clerks . .  61  54 

APPEALS- 

From  boards  of  registry 24  22 

ARRESTS- 

Judges  of  election  may  order  —  60  53 


194 

Sec.        Page. 

ASSISTANCE- 
HOW  to  be  rendered  voter 67  58 

When  and  how  voter  may  receive  67  58 

ATTORNEY-GENERAL— 

Member  of  Board  of  State  canvas- 
sers   85  69 

To  prepare  instructions  for  regis- 
tration and  election  officers....         121  84 
To  prepare  instructions  for  voters        122  85 
ATTORNEY- 

To  supervisors,  employment  and 

compensation  of 123  86 

AUTHORITY- 

Of  judges  of   election    to    keep 

peace,  etc ,        60  53 

Of  registration  officers  to   keep 

peace,  etc 15  11 

Of  registration  officers  to  summon 
witnesses 15  11 

ALPHABETICAL  LISTS , 16  13 

B. 
BALLOTS- 

To  be  provided  by  supervisors 5  5 

Printing  of  ballots  and  expense  of 

same 52  44 

Supervisors  to  provide  ballots,  etc          53  44 

What  to  contain 53  44 

Alteration  of  ballot  by  voter 53  44 

Mistakes  in  printing  of  ballots. . .  53  44 
Form  and  arrangement  of  ballots          54              46 
Printing  of  sample  copies  of  bal- 
lots  , ; 57              50 

Number  of  ballots  to  be  provided.          58  51 

Delivery  of    ballot,  ballot-boxes, 

etc.,  to  judges  of  election 58  51 

Delivery  of  ballots  to  sheriffs  of 

counties 58  52 

Delivery  of  ballots  to  Board  of 
Police  Commissioners  of  Balti- 
more City 58  51 


195 

Sec.  Page. 
Duties  of  sheriffs  and  Board  of 

Police  Commissioners 59  52 

Record  of  ballots  printed 59  52 

Spoiled 68  59 

Returned 68  59 

Rejected 68  59 

Countof 69  61 

Rejected,  return  of 74  64 

Spoiled,  return  of 74  64 

Marking  of 66  57 

BALLOT  BOXES- 

Construction  of 52  44 

Position  of  at  elections 64  56 

Sealing  of,  after  close  of  polls 74  64 

Custody  of,  after  close  of  polls. ...  75  64 

Concealing  or  destroying 103  78 

BALTIMORE  CITY- 

Annual  registration 25-26  24-25 

Primary  elections •. . .       95-108 

BETTING  ON  RESULT  OF  ELEC- 
TIONS   112  81 

BOARD  OF  POLICE  COMMISSION- 
ERS OF  BALTIMORE  CITY— 

Detail  of  police 15  11 

To  distribute  ballot-boxes  and  bal- 
lots    52  44 

Delivery  of  ballots  to 52  44 

Delivery  of  registers,  etc.,  to  —  52  54 

BOUNDARIES  OF  ELECTION  DIS- 
TRICTS, ETC.... 124  87 

BREACHES  OF  THE  PEACE— 

Penalty  for  causing 101  77 

BOOTHS  FOR  VOTING- 

Form  and  construction  of 64  56 

C. 

CANDIDATES— 

Entitled  to  be  present  at  sessions 

of  Canvassing  Board 79  66 

CANVASSING  BOARDS 77  66 

CANVASS  OF  VOTES 80  67 


196 

Sec.  Page. 

CARDS  OF  INSTRUCTION— 

Supervisors  to  furnish 122  85 

CERTIFICATE- 

Of  Board  of  Registry 23  21 

Of  removal. 30  33 

Of  nomination 41  39 

Of  nomination — filing  of 43  40 

Of  nomination — reservation  of. . .  46  41 

Of  nomination,  time  of  filing 46  41 

CHALLENGING- 

Of  jurors  in  trial  of  offenses 119  83 

CHALLENGE- 

Applicants  for  registration 19  18 

Rights  of  citizens 62  54 

Voters 68  59 

CHALLENGERS  AND  WATCHERS          62  54 

CLERKS  OF  ELECTIONS- 

Dutiesof 63  55 

CLERKS  AND  JUDGES— 

Appointment  of 7  5-10 

CLERKS  TO  BOARD  OF  REGISTRY          21  19 

CLERKS  TO  BOARD  OF  SUPERVI- 

VISORS— 

Appointment  of 6  5 

CLERKS  OF  COURTS- 

Duties  of ,  under  this  Article 81  67 

COUNT  OF  THE  BALLOTS ,          69  61 

CONTESTED  ELECTIONS- 

For  Comptroller,  judges  and  clerks 

of  Courts  and  Register  of  Wills        127  89 

Of  other  officers 128  89 

Mode  of  proceedings 129  89 

Appeals 130  90 

For  the  Senate  or  House  of  Dele- 
gates—procedure         131  90 

CONGRESS- 

Representatives  in 150  93 


197 

Sec.        Page. 

CONVENTIONS— 

Nominating 40        .      39 

CONSTITUTIONAL  AMENDMENTS 

Proposed 51  43 

CONSTABLES- 

Fees  for  summonses 15  11 

COMPLAINTS  OF  PERSONS  RE- 
FUSED REGISTRATION 24  22 

CONGRESSIONAL  DISTRICTS 152  93 

CONSTRUCTION  OF  BALLOT- 
BOXES 52  44 

COPIES  OF  THE  ARTICLE- 

Priceof,  etc 120  83 

COMPLAINTS  AGAINST  APPOINT- 
MENT OF  JUDGES  AND 
CLERKS  OF  ELECTION 11  8 

COUNSEL-GENERAL- 

Appointment  of,  by  Board  of  Su- 
pervisors of  Baltimore  city 123  86 

COMPENSATION- 

Of  supervisors  of  Election 2               3 

Of  Clerks  of  Board  of  Supervi- 
sors   6  5 

Of  messenger,  City  of  Baltimore .  6               5 

Of  additional  assistants 6                5 

Of  sheriffs 116              82 

Of  judges 116             82 

Of  clerks 116              82 

CRIMES— See  "Offenses  and  Pen- 
alties." 

CRIMES— Infamous 143-144 

1). 

DELIVERING- 

Ballots  to  Sheriffs  of  counties 58'  51 

Ballots  to  Board  of  Police  Com- 
missioners of  Baltimore  City...  59  52 

Registers,  etc.,  to  Sheriff  and 

Board  of  Police  Commissioners  59  52 


198 

Sec.        Page, 
DEFINITION— 

Of  the  words  "Election"  and  <kPre- 

cinct" -..        118  83 

DECLINING  NOMINATION 49  42 

DEATHS— 

Males  over  21  years  to  be  report- 
ed monthly  to  Supervisors 13  10 

DECEASED  AND    DISQUALIFIED 

PERSONS- 

Erasure  of  names 32  35 

DISTRICTS- 

Election,  boundaries  of 124  87 

Congressional 152  93 

DUTIES- 

Of  sheriffs... 58  51 

Of  Board  of  Police  Commissioners 
of  Baltimore  city 58  51 

Of  officers  of  the  law 60  53 

Of  clerks  of  election 63  55 

Of  judges  of  elections 65  57 

Of  Supervisors  of    Elections    to 

/rosecute  crimes 115  82 

Attorney- General  in  regard  to 

this  Article 120  83 

Of  Secretary  of  State  in  regard  to 

this  Article 120  83 

Of  registration  officers 14  10 

DISQUALIFICATION  BY  CONVIC- 
TION OF  CRIME 143-144 

E. 
ELECTIONS— 

Supervisors  of 6  5 

Special— Judges  and  clerks  for...  5 

Judges  and  clerks  of 7  5 

Notice  of  time  and  place  of 14  10 

Municipal  or  charter,  regulated  by 

local  law 14  10 

Special— Registry  for 38  38 

Time  and  manner  of  delivery  of 
registers,  ballot-boxes,  etc.,  to 
sheriff  and  Board  of  Police  Com- 
missioners   59  52 


199 

Sec.        Page. 

Authority  of  judges  of  election...  60             53 

Duty  of  officers  of  the  law 60             53 

Time  of  opening  and  closing  poll- 
ing places 61  54 

Absence  of  judges  and  clerks  at 

time  of  opening  the  polls 61  54 

Substitute  judges  and  clerks  and 

appointment  of  the  same 61  54 

Challengers  and  watchers 62             54 

Eights  of  citizens  not  accredited 
challengers,  or  watchers  to 

challenge 62  54 

Duties  of  clerks  to  keep  poll-books  63             55 

Voting  booths  and  regulations  re- 
garding same 64  56 

Position  of  ballot-box 155 

Persons  permitted  within  the  rail  64              56 

Expense  of  booth  and  guard-rail  64              56 

Duties  of  judge  at  opening  of 

polls 65  57 

Manner  and  details  of  casting 

vote 66  57 

Physical  disability  of  voter 67              58 

Spoiled  ballots 68             59 

Returned  ballots 68             59 

Mode  of  challenging 68              59 

Mistakes  in  registering,  etc.,  not 

to  disqualify , 68  59 

Rejected  ballots 68             59 

Declaration  of  result  by  judges...  72             62 

Returns 73              63 

Declaration  of  result  by  board  of 

canvassers 82  68 

False  returns 92              74 

Documents,  ballots,  etc.,  conceal- 
ing, destroying,  etc 95  75 

Instructions,  Attorney-General  to 

prepare 121  84 

Instructions,  Secretary  of  State 
to  furnish  same  to  Board  of 

Supervisors 122  85 

District  boundaries  of 124              87 


200 

Sec.        Page. 
Contested 127-143        89-92 

ELECTION  OF  REPRESENTATIVES 

IN  CONGRESS 150-151  93 

ELECTORS- 

Presidential — election  of 144-149  92 

Presidential — in  case  of  a  tie,  Gov- 
ernor to  appoint 146  92 

Presidential— meeting  of 148  92 

Presidential — vacancies,  how  filled        148  92 

Presidential — Time  of  meeting . .         149  93 

EMPLOYEES- 

Employees,  to  be  allowed  4  hours 
in  which  to  vote 89  73 

ERRORS  IN  RETURNS,  ETC.-      t 

Correction  of 83-84         68-69 

EXPENSES- 

Of  ballots  and  ballot-boxes,  etc. ...          52  44 

Of  voting  booth  and  guard-rail...          64  56 

Of  printing  and  clerical  help  —         120  83 

EXEMPTION  FROM  JURY  DUTY- 

Of  judges  and  clerks  of  election. . .  9  7 

EXAMINATION  OF  JUDGES  AND 

CLERKS 9  7 

In  Garrett  county 10  7 

ELECTION  FORMS 186-191 

F 

FALSE  RETURNS  OF  ELECTION. . .  92  74 

FALSE  SWEARING 97  76 

FEES- 

State's  Attorney's • 9  7 

Sheriff's 15  11 

Constables' 15  11 

FILING  CERTIFICATES- 

Of  nomination 43  40 

Of  nomination — time  of 46  41 

FORM  AND  ARRANGEMENT    OF 

BALLOTS 54  46 

FORMS  OF  BLANKS  TO  BE  USED..  187-191 


201 

Sec.        Page. 
G. 

GARRETT  COUNTY— JUDGES  AND 
CLERKS  EXEMPT  FROM  EX- 
AMINATION    10  7 

GENERAL  COUNSEL- 

Appointment  of,  by  Board  of  Sup- 

ervisiors  of  Baltimore  city 123  86 

GENERAL  REGISTRATION 17  14 

GOVERNOR— 

To  appoint  supervisors 1  3 

Removal  of  supervisors  by 3  4 

To  appoint  supervisors  to  fill  va- 
cancies   4  4 

To  issue  commissions  to  persons 
elected 86  70 

I. 

ILLEGAL  VOTING 88  72 

ILLEGAL  BALLOTS- 

Putting  same  in  ballot-box 93  74 

INTIMIDATION  OF  VOTERS 87  71 

INSTRUCTIONS— 

To  officers  of  registration  and  elec- 
tions to  be  prepared  by  Attor- 
ney-General   120  83 

(See  page  134) 

To  be  printed  and  distributed  to 
supervisors  by  Secretary  of 

State 120  83 

To  officers,  etc.,  Secretary  of  State 

to  fix  price  for  sale  of  same 120  83 

To  voters,  preparation  and  distri- 
bution of 121  84 

INSTRUCTION  OF  REGISTERS ....  39  38 

INTERMEDIATE  REGISTRATION . .          30  33 

Time  of  meeting,  etc 30  33 

Additional  meeting  of 30  33 

INTERFERENCE- 

With  o  fficers  of  registration 87  71 

With  judges  and  clerks  of  election          89  73 


202 

Sec.        Page. 

With  officers  of  registration,  pen- 
alty for 102  77 

With  judges  and  clerks  of  elec- 
tion, penalty  for 102  77 

IRREGULARITIES- 

In  giving  notice  of  election 1 14  81 

INFAMOUS  CRIMES 143-144 

INSTRUCTIONS    TO    CLERKS    OF 

ELECTIONS 171  178 

J. 

JUDGES  AND  CLERKS  OF  ELEC- 
TION— 

Number  of 7  5 

Qualification  of 7  & 

Appointment  of 7  5 

For  special  election 7  5 

Nomination  of,  and  veto  by  super- 
visor . , 8  6 

Notification  of  appointment  of 9  7 

Record  of  appointment  of 9  7 

Exemption  from  jury  duty  of 9  7 

Refusing  to  serve  after  appoint- 
ment and  penalty  therefor 9  7 

Fee  for  State's  Attorney  for  re- 
covery of  penalty 9  7 

Examination  of 9  7 

Term  of  office  of 9  7 

Jury  duty — Exemption  from 9  7 

Advertisement  of  appointmenss  of  11  8 
Complaints  against  appointments 

of  11  8 

Appointments  to  fill  vacancies  of..  11  8 

Oath  of  office  of 11  8 

Report  of  vital  statistics  to 13  10 

Penalty  for  failure  to  scrutinize  list  21  19 

Absence  or  disability  of 21  19 

Absence  at  time  of  opening  the 

polls 61  54 

Appointment  of  substitutes 61  54 

Neglect  of  duty  of. 94  75 


203 

Sec.  Page. 
JUDGES  OF  ELECTION— 

Delivery  of  ballots  to 58  51 

Authority  to  preserve  order,  etc. . .  60  53 

Duties  of,  at  opening  of  polls 65  57 

Failure  to  receive  lawful  votes 91  74 

Disobeying  lawful  command  of. . .  100  76 

JURORS- 

Challenge  of,  in  trial  of  offenses.         119  83 

L. 

LIST  OF  REGISTRATION 17  14 

M. 

MANNER  AND  DETAILS  OF  VOT- 
ING   66  57 

MANNER  OF  SELECTING  JUDGES 

AND  CLERKS  OF  ELECTION ...  7  5 

MAPS— 

Of  Baltimore  city  to  be  provided 
by  supervisors 126  89 

MESSENGERS- 

Compensation  of 6  5 

MISCELLANEOUS  PROVISIONS- 

Written  oaths 117  82 

Definition  of  the  words  "Election" 
and  "Precinct" 118  83 

Time  of  giving  notice  falling  on 

Sunday,  etc 118  83 

Trials  of  offenses  against  provis- 
ions of  this  Article 119  83 

Duties  of  Attorney-General  in  re- 
gard to  this  Article 120  83 

Duties  of  Secretary  of  State  in 
regard  to  this  Article 120  83 

Expenses  of  printing  and  clerical 
help 120  83 

Prices  of  copies  of  this  Article  to 
be  fixed  by  the  Secretary  of 
State 120  83 

The  Attorney-General  to  prepare 

election  instructions  121  84 


204 

Sec.        Page. 

The  Secretary  of  State  to  furnish 
said  instructions  to  Boards  of 
Supervisors  of  Election 121  84 

Supervisors  of  Election  to  furnish 
cards  of  instruction,  specimen 
ballots,  etc 121  84 

Employment  of  an  attorney  for  the 
counties  by  Supervisors  of 
Boards  of  Elections 123  86 

Appointment  of  general  counsel 
by  the  Board  of  Supervisors  of 
Baltimore  city 123  86 

Boundaries  of  election  districts 
and  wards 124  87 

Boundaries  of  precincts 126  89 

Maps  of  Baltimore  City  showing 
boundaries  of  wards  and  pre- 
cincts to  be  provided  by  Super- 
visors of  Elections 126  89 

MISTAKES— 

In  printing  ballots..- 53  59 

In  registering 68  59 

MODE  OF  CHALLENGING 68  59 

MODE  OF  REGISTRATION 17  14 

MUNICIPAL  ELECTIONS- 

Regulated  by  local  law 14  10 

N. 

NEW  GENERAL  REGISTRATION  IN 
THE  COUNTIES— 

Time  of 25  24 

NEGLECT  OF  DUTY- 

Of  judges  and  clerks  of  election 
and  officers  of  registration 94  75 

NOMINATIONS- 

Of  judges  and  clerks  of  election...  8  6 

Conventions 40  39 

Primaries 40  39 

Party  emblem 41  39 

Certificate  of..  41  39 


205 

Sec.        Page. 

Other  than  by  convention  or  prim- 
aries   42  39 

Filing  of  certificates 46 

Preservation  of  certificates 45  41 

Time  of  filing  certificates 46  41 

Certificate  of  Secretary  of  State 

to  supervisors .. 47 

Publication  of  list  of  nominations  48  41 

Declining  49  42 

Filling  vacancies  caused  by  death 

or  declination 50  42 

Proposed  constitution,  constitu- 
tional amendments,  etc 51  43 

NOTICE- 

Of  appointment  of  judges  and 
clerks  of  election 11  8 

Of  time  and  place  of  registration          14  10 

Of  time  and  place  of  election 14  10 

Of  time  and  place  of  election— ir- 
regularities in  giving 114  81 

NUMBER- 

Of  Supervisors  of  Election 1  3 

Of  judges  and  clerks  of  election. . .  7  5 

Of  ballots  to  be  provided 58  51 

NATURALIZATION 142 

NOMINATION  FORMS 183-186 

0. 

OATH  OF  OFFICE- 

Judges  and  clerks  of  election 11  8 

OATH  OF  REGISTRATION- 

Form  and  details  of 17  14 

OATHS- 

To  be  written 117  82 

OFFICE    OF     SUPERVISORS     OF 

ELECTION 5  5 

OFFICERS  OF  THE  LAW- 

Dutiesof...  60  53 


206 

Sec.        Page. 
OFFENCES— See  also  Penalties. 

Registering  and  attempting  to 
register  illegally 87  71 

Intimidation  etc.,  of  persons  hav- 
ing lawful  right  to  register 87  71 

Interference,  etc.,  with  officers  of 
registration 87  71 

Voting  and  attempting  to  vote 
illegally 88  72 

Intimidation,  etc.,  of  qualified 
voters 88  72 

Interference,  etc.,  with  judges  and 

clerks  of  election 88  72 

Punishment  for  keeping  false  poll- 
list  votes,  etc 90  74 

False  returns  of  election 91  74 

Putting  illegal  ballots  in  ballot-box          92  74 

Punishment  for  alteration,  etc.,  of 
ballots  during  canvass  of  same.  93  74 

Neglect  of  duty  of  judges  and 
clerks  of  election  and  officers  of 
registration 93  74 

Concealing,  destroying  and  muti- 
lating records,  ballots  or  other 
election  documents 95  75 

False  swearing  and  affirming 97  76 

Inducing  others  to  swear  or  affirm 
,  falsely 98  76 

Voting  or  offering  to  vote  of  per- 
sons convicted  of  crime 99  76 

Penalty  for  disobeying  lawful  com- 
mand of  judges  of  election 100  76 

Penalty  for  causing  breaches  of 
the  peace,  etc 101  77 

Penalty  for  interfering  with  offi- 
cers of  registration,  judges  and 
clerks  of  election,  challengers, 
etc 102  77 

Concealing  or  destroying  ballot- 
boxes,  ballots,  etc 103  78 


207 

Sec.        Page' 
Penalty  for  allowing  persons  to 

register  without  a  majority  of 

board  of  registry  being  present        104  78 

Penalty  for  allowing  persons  to 

vote  without  a  majority  of  the 

judges  of  election  being  present        104  78 

Penalty  for  absence  of  judges  and 

clerks  of  election  during  elec- 
tion hours 105  79 

Penalty  for  absence  of  officers  of 

registration  during  registration 

hours 105  79 

Destroying  or  defacing  certificate 

of  nomination 106  79 

Destroying    or    removing    booth 

supplies,  etc 107  79 

Showing    ballot,    making     false 

statement  of  disability,  etc 108  80 

Destroying  or  defacing  ballots,  etc        109  80 

Retaining  possession    of    official 

ballot,  etc 109  80 

Electioneering  within  100  feet  of 

polling  place 109  80 

Introducing  liquors  into  any  place 

of  registration  or  election,  etc..        110  80 

Selling  or  otherwise  disposing  of 

liquors  on  days  of  election Ill  81 

Betting  or  wagering  upon  the  re- 
sult of  election v  . .         112  81 

Marching  of  soldiers  within  view 

of  place  of  election 113  81 

Irregularities  in  notice  of  conduct 

of  registration  or  election 114  81 

Duties  of  Supervisors  of  Election 

to  prosecute  offenses 115  82 

Challenge  of  jurors  in  trial  of 119  83 

P. 

PARTY  EMBLEM 41  39 

PENALTY- 

For  disobeying  lawful  command  of 

judges  of  election 100  76 

For  causing  breaches  of  the  peace        101  77 


208 

Sec.        Page. 

For  interfering  with  officers  of 
registration,  judges  of  election, 
etc 102  77 

For  allowing  persons  to  register 
without  a  majority  of  board  of 
registry  present 104  78 

For  allowing  persons  to  vote  with- 
out a  majority  of  Judges  of 
Election  present 104  78 

For  absence  of  officers  of  regis- 
tration during  registration  hours  105  79 

For  absence  of  judges  and  clerks 
of  election  during  election 
hours 105  79 

For  destroying  certificate  of  nomi- 
nation   106  79 

For  destroying  booth  supplies,  etc        107  79 

For  showing  ballot,  etc 108  80 

For  destroying  or  defacing  ballots, 
etc 109  80 

For  retaining  possession  of  official 
ballots,  etc 109  80 

For  electioneering  within  one  hun- 
dred feet  of  polling  place 109  80 

For  introducing  liquors  into  places 
of  registration  or  election 110  80 

For  selling  liquor  on  days  of  elec- 
tion    Ill  81 

For  betting  or  wagering  on  result 
of  election 112  81 

For  marching    of   soldiers    near 

places  of  election 113  81 

PHYSICAL  DISABILITY  OF  VOTER          67  58 

PLACES  OF  REGISTRATION- 

Appointment  of 12  9 

POLICE  CENSUS  OF  VOTERS 18  17 

POLL  LIST  FALSE 90  74 

POSTING  OF  SAMPLE  COPIES  OF 

BALLOTS 57  50 

POSITION  OF  BALLOT-BOXES  AT 

ELECTIONS  .  64  56 


209 

Sec.  Page. 

POLLING  PLACES- 

Appointment  of 12  9 

Time  of  opening  and  closing 61  54 

Absence  of  judges  or  clerks  at  time 

of  opening 61  54 

Duties  of  judges  at  opening  of. ...  65  57 

Primary  elections 95-96 

PRINTING  BALLOTS 52  44 

PRESIDENTIAL  ELECTORS 144  92 

PRIMARIES 40  39 

PRECINCTS- 

Definitionof 118  83 

Boundaries  of 124  87 

Size  of,  in  Baltimore  city 124  87 

PUBLIC  BUILDING- 

Useof 5  5 

PUBLICATION  OF  LIST  OF  NOM- 
INATIONS     48  41 

Subdivision  of 125  87 

Q. 

QUALIFICATIONS— 

Of  supervisors  of  election 1 

Of  judges  and  clerks  of  election . .  7  5 

Of  voters 3  136 

QUALIFYING    OF    SUPERVISORS 

OFELECTION 3  4 

R. 
REGISTRATION- 

Board  of  registry — how  constitu- 
ted   15  11 

Board  or  registry— authority  and 
duties  of 15  11 

Sheriffs— Fees  for  summonses ....          15  11 

Constables— Fees  for  summonses..          15  11 

Board  of  Police  Commissioners, 
City  of  Baltimore— Details  of 
police,  etc , 11 

Registry  books — Custody  of 16  12 

Registry  books— Form  of 16  12 


210 

Sec.  Page. 
Registry  books — To  be  provided 

by  Board  of  Supervisors 5  5 

Registry  books— Inspection  of ....  39  38 
Registry  books— Copies  of  entries 

to  be  furnished 39  38 

Place  to  be  appointed  by  Supervi- 
sors   12  9 

Notice  of  time  and  place  of 10 

Rules  and  regulations  for 14  10 

Preservation  of  order  during 15  11 

Police  census  of  voters 18  17 

Absence  of  judges  or  clerks 21  19 

For  Annapolis 38  38 

NEW  GENERAL  REGISTRATION. 

In  the  counties 25  24 

In  Baltimore  city 26  25 

First  sitting— Time  of 17  14 

Procedure 17  14 

Challenge  of  applicants 19  18 

Second,  third  and  fourth  sittings— 

Time  of 20  18 

Procedure 20  18 

Notice  to  suspected  disqualified 

voters 21  19 

Scrutiny  of  lists 21  19 

Absence  of  judge  or  clerk 21  19 

Fifth  sitting— Time  of 22  20 

Procedure.. 22  20 

Revision  of  registries 22  20 

Return  of  registers 23  21 

Registry-list  to  be  printed  and  sold  23  21 

Appeals  from  board  of  registry...  24  22 

INTERMEDIATE  REGISTRATION. 

First  and  second  sittings 30  33 

Removal  certificate 30  33 

Noting  for  erasure 19  18 

Third  sitting — for  revision 33  36 

Hearing  of  applicants 34  36 

Return  of  registers  to  super- 
visors   34  36 

Registry  list  to  be  printed  and  sold  35  37 


211 

Sec.        Page. 

Appeals 36              37 

Absence  of  judge  or  clerk 37              37 

REGISTRY  BOOKS- 

Custody  of....: 16              12 

Formof 16              13 

REGISTERING— 

Mistakes  in 68              59 

Illegally 87             71 

REVISION  OF  REGISTRY 22             20 

REMOVAL— 

Of  supervisors 3               4 

Of  clerks  and  messengers 6                5 

Of  judges 11               8 

REPRESENTATIVES  IN  CON- 
GRESS- 

Election  of 150             93 

Election  of  to  fill  vacancies 151             93 

RECORD- 

Of  appointment    of  judges    and 

clerks  of  election 9               7 

Of  ballots  printed 58             51 

Of  statement  of  Board  of  State 

Canvassers 86             70 

RETURNED  BALLOTS 161 

REJECTED  BALLOTS 68             59 

RETURNS  OF  ELECTION 73             63 

False 92             74 

REFUSAL  TO  SERVE- 

Judges  and  clerks  of  election 9               7 

REPORT— 

Of  vital  statistics  to  board  of  reg- 
istry   13              10 

RIGHTS  OF  CITIZENS  TO  CHAL- 
LENGE   62  54 

RULES  AND  REGULATIONS  NOT 
IN  THIS  ARTICLE  (SUPERVI- 
SORS TO  MAKE) 14  10 

REMOVAL  CERTIFICATES 30             33 

Removal  from  State 27              29 

Residence 27              29 

REGISTRATION  FORMS...  175            182 


212 

Sec.        Page. 

o. 

SAMPLE  COPIES  OF  BALLOTS- 

Posting  of 57  50 

SECRETARY  OF  STATE- 

Certificates  of  nomination  to  be 

filed  with 43  40 

To  preserve  certificates  of  nomi- 
nation   45  41 

To  certify  to  supervisors'  names 

of  nominees 47  41 

To  certify  to  supervisors' proposed 

constitutional  amendments,  etc  51  43 

Duties  of,  as  a  member  of  the 

Board  of  State  Canvassers 85  69 

To  have  printed  and  distributed 

Attorney-General's  instructions  120  83 

To  furnish  instructions  to  voters 

to  Board  of  Supervisors 121  84 

SELLING   LIQUOR   ON  DAYS  OF 

ELECTION— 

Penalty  for... Ill  81 

SHERIFFS  OF  COUNTIES- 

Fees  for  summonses 15  11 

Delivery  of  ballots  to 58  51 

Duties  of 58  51 

Delivery  of  registers,  etc.,  to 59  52 

SOLDIERS- 

Marching  of,  near  places  of  elec- 
tion         113  81 

SPOILED  BALLOTS 68  59 

SPECIMEN  BALLOTS 121  84 

SPECIAL  ELECTIONS- 

Judges  and  clerks  for 7  5 

Registry  for 38  38 

STATE    CENTRAL    COMMITTEES 

TO  NOMINATE  SUPERVISORS  1  3 

STATE'S  ATTORNEY'S  FEES . .  9 


213 

Sec.        Page. 
SUNDAY- 

Time  of  notice  falling  on 118  83 

SUSPECTED  PERSONS 21  19 

SUPERVISORS  OF  ELECTIONS- 

Appointment  of 1  3 

Number  of 1  3 

Style  of 1  3 

Qualifications  of 1  3 

State  Central  Committee  to  desig- 
nate candidates 1  3 

Compensation  of,  and  payment  of 

same 2  3 

Expenses,  payment  of 2  3 

Appointed  by  Governor,  previous 
to  passage  of  this  Article,  to 

hold  office 4  4 

Qualifying  of 4  4 

Organization  of 3  4 

Terms  of  office  of 4 

Removal  of 3  4 

Filling  vacancies  in 4  4 

Use  of  public  buildings 5  5 

To  provide    office,    ballot-boxes, 

ballots,  books,  etc 5  5 

Clerks— appointment  and  compen- 
sation of 6  5 

Messenger    (City    of    Baltimore) 
appointment  and  compensation 

of 6  5 

Additional  assistants  and  compen- 
sation of  same 6  5 

Appointment  of  judges  and  clerks 

when 7  5 

To  give  notice  by  advertisement 
of  names  of  judges  and  clerks 

appointed , 11  8 

To  remove  unfit  judges  or  clerks          11  8 

To  appoint  place  of  registration 

and  polling  place 12  9 

To  give  notice  of  time  and  place 

of  registration  and  election 14  10 


214 

Sec.        Page. 

To  furnish  names  of  deceased  per- 
sons  . 13  10 

Majority  to  decide  all  questions...          14  10 
To  make  rules  and  regulations  for 
conduct  of  registration  and  elec- 
tions           14  10 

To  furnish  copies  of  list  of  per- 
sons registered 23  21 

To  publish  nominations 48  41 

To  publish  proposed  constitutional 

amendments,  etc 51  43 

To  post  sample  copies  of  ballots. . .          57  50 

To  provide  voting  booths 64  56 

Custody  of  ballot-boxes 76  65 

To  constitute  a  board  of  canvassers          78  66 

To  prosecute  offenses. 115  82 

To  furnish  cards  of  instruction 121  84 

To  furnish  specimen  ballots 121  84 

To  employ  an  attorney 123  86 

To  establish  precincts 124  87 

In]Baltimore  city,  to  furnish  maps 

of  wards  and  precincts 126  89 

To  subdivide  election  districts  and 

precincts 124  87 

SWEARING  FALSELY 97  76 

SUBSTITUTE  REGISTRATION  OF- 
FICERS— 

Appointment  of 37  37 

SUBSTITUTE  JUDGES  AND 
CLERKS— 

Appointment  of 61  54 

SUBDIVISION  OF  ELECTION  DIS- 
TRICTS AND  PRECINCTS 124  87 

T. 
TERM  OF  OFFICE- 

Of  supervisors  of  election 3  4 

Of  judges  and  clerks 9  7 

TIME  OF  DELIVERY- 

Of  registers,  etc.,  to  sheriffs  and 
Board  of  Police  Commissioners.          59  52 


215 

Sec.        Page. 
Of  ballot-boxes,  etc.,  to  supervisors 

after  election 75  64 

TIME  OF— 

Selecting   judges  and  clerks    of 

election 7  5 

Registration — Notice  of 14  10 

Election— Notice  of 14  10 

General  registration 17  14 

Intermediate  registration 30  33 

Filing  certificates  of  nomination .  46  41 

Opening  and  closing  polling  places  61  54 
Destruction  of  ballots  etc.,  after 

election 76  65 

Meeting  of  Board  of  Canvassers..  77  66 
Transmission    of    statement    of 

Board  of  Canvassers 81  67 

Meeting  of  Board  of  State  Can- 
vassers    85  69 

Computing  of,  for  notices 118  83 

TRIALS- 

Of  offenses  against  provisions  of 
this  Article,  challenge  of  jurors 

in 119  83 

TRANSFERS 30  33 

U. 

USE  OF  PUBLIC  BUILDINGS 5  5 

V. 

VITAL  STATISTICS 13  10 

Report  of,  to  Board  of  Registry...          13  10 

VOTING  BOOTHS- 

Regulations  regarding  same 64  56 

Guard-rail,  expense  of 64  56 

VOTING- 

Manner  and  details  of 66  57 

Illegally 88  72 

Of  persons  convicted  of  crime 99  76 

VOTER - 

Physical  disability  of 67  58 


216 


VACANCIES- 

Filling  of  (supervisors  of  elections)  4  4 

"  (judges  and  clerks)  .....  11  g 

"  (judges  and  clerks)  .....  37  37 

Filling  of  (nominations)  .........  50  42 

W. 

WATCHERS  AND  CHALLENGERS  .  62  54 


Note—  Officers  of  Election  and  Registration  should  study  carefullv   thp  in 
structions  prepared  by  the  Attorney-General  beginning  at  page  130. 


Index  to  Extracts  from  Bill  of  Rights  and  Con= 
stitution  of  Marylando 


Sec.  Page. 

Attorney-General,  election  of. 1  121 

Attorney-General,  term  of 1  121 

Attorney-General,  removal  of 1  121 

Attorney-General,  returns  of  election 

of 2  122 

Attorney-General,  qualifications  of 4  122 

Amendments  to  the  Constitution 1  124 

Additional  judges  of  Supreme  Bench 

of  Baltimore  city 39  120 

B. 

Bribery  at  elections,  penalty  for 3  110 

Baltimore  city,  courts  in 27-31-39  119 

Baltimore  city,  election  of  clerks  of 

courts  of 37  120 

Baltimore  city,  term  of  clerks  of  courts 

of 37  120 

Baltimore  city,  removal  of  clerks  of 

courts  of 37  120 

Baltimore  city,  vacancies  of  clerks  of 

courts  of 37  120 

Baltimore  city,  Supreme  Bench  of  .....  27  120 
Baltimore  city,  additional  judges  of 

Supreme  Bench  of 39  120 

C. 

Comptroller,  election  of 1  123 

Comptroller,  term  of 1  123 

Comptroller,  vacancy 1  123 

County  Commissioners,  election  of ....  1  123 
Clerk  of  the  Court  of  Appeals,  term  of  17  118 
Clerk  of  the  Court    of  Appeals,  re- 
moval of 17  118 

Clerk  of  the  Court  of  Appeals,  vacancy  17  118 


218 

Sec.  Page. 

Courts  in  the  counties 19-21  118 

Clerk  of  the  Circuit  Courts,  election  of  25  119 

Clerk  of  the  Circuit  Courts,  term  of. . .  25  119 

Clerk  of  the  Circuit  Courts,  removal  of  25  119 

Clerk  of  the  Circuit  Court,  vacancy 25  119 

Courts  in  Baltimore  city 27-31-39  119 

Clerks  of  Courts  of  Baltimore  City, 

election  of 37  120 

Clerks  of  Courts  of  Baltimore  City, 

termof 37  120 

Clerks  of  Courts  of  Baltimore  City, 

removal  of 37  120 

Clerks  of  Courts  of  Baltimore  City, 

vacancies ,..  37  120 

Counties,  courts  in  the 19-21  118 

Constitution,  amendments  to 1  124 

E. 

Election  of  County  Commissioners 1  123 

Election  of  Attorney-General 1  121 

Election,  in  case  of  tie,  Governor  to 

order  new  election 2  122 

Elections,  when  to  be  held 7  122 

Election,  bribery  at,  penalty  for 3  122 

Election  for  Governor 2-4  110 

Election  of  Senators 2,7,8  112 

Election  of  Members  of  House  of  Dele- 
gates   6-7     113-114 

Elections,  contested,  General  Assem- 
bly to  provide  for 47  116 

Elections,  General  Assembly  to  regu- 
late by  law 49  116 

Election  officers,  General  Assembly  to 

regulate  by  law 49  116 

Election  of  judges  of  courts 3,5,11,12    117-118 

Election  of  judges  of  courts 21  119 

Election  of  clerks  of  the  Circuit  Courts  25  119 
Election  of  clerks  of  courts  of  Balti- 
more city 37  120 

Election  of  judges  of  the  Orphans' 

Court 40  120 

Election  of  Register  of  Wills 41  121 


219 

Sec.        Page. 

Election  of  Sheriff •  44  121 

Election  of  State's  Attorney 7  122 

Election  of  Comptroller 1  123 

Election  of  Surveyor 2  123 

Election  of  Wreck-Master 6  124 

Election,  sheriffs  to  give  notice  of 8  125 

Eligibility  of  Members  of  General 

Assembly 9,10,11  115 

Governor,  to  issue  commissions  to  of- 
ficers    11  118 

Governor,  election  of 2-4  112 

Governor,  to  order  new  election  in  case 

of  tie 12  118 

Governor,  qualifications  of 5  113 

General  Assembly  to  pass  laws  to  pun- 
ish fraudulent  registration  and 
voting . . .' 4  110 

General  Assembly  to  provide  for  a 

uniform  registration  of  voters. ...  5  110 

General  Assembly,  eligibility  of  mem- 
bers of 9-41  115-116 

General  Assembly  to  pass  laws  for  pre- 
servation of  purity  of  elections...  42  116 

General  Assembly  to  provide  for  con- 
tested elections 47  116 

General  Assembly  to  regulate  by  law 

elections  and  election  officers 49  116 

H. 
House  of  Delegates— Appointment  and 

representation 4-5      113-114 

House  of  Delegates,  election  of  mem- 
bers of 6-7  114 

House  of  Delegates,  qualifications  of 

members  of 9-41      115-116 

J. 

Judges  of  Courts,  qualification  of 2  116 

Judges  of  Courts,  election  of 3,5,11,12     117-118 

Judges  of  Courts,  term  of 3  117 

Judges  of  Courts,  vacancies,  how  filled  5  117 

Judicial  Circuits 19  118 

Judges  of  Courts,  apportionment  of...          21  119 


220 

Sec.  Page. 

Judges  of  Courts,  election  of 21  119 

Judges  of  the  Orphans'  Court,  elec- 
tion of....  40  120 

0. 

Oath  of  public  officers 6-7  111 

P. 

Public  officers,  oath  of 6-7  111 

Q. 

Qualifications  of  officers 6-7  111 

Qualifications  of  voters 1-2     109-110 

Qualifications  of  Governor 5  113 

Qualifications  of  Senators 9-41     115-116 

Qualifications  of  Members  of  House 

Delegates  9-41     115-116 

Qualifications  of  Judges  of  Courts 2  116 

Qualifications  of  Attorney-General ...  4  122 

Qualifications  of  State's  Attorney 10 

Qualifications  of  Comptroller 1  123 

R. 

Registration  of  voters 5  110 

Register  of  Wills,  election  of 41  121 

Returns  of  election  of  officers 11  118 

Removal  of  clerk  of  the  Court  of  Ap- 
peals    17  118 

Removal  of  clerk  of  the  Circuit  Courts  25  119 

Removal  of  clerks  of  Courts  of  Balti- 
more city 27  119 

Removal  of  Attorney-General 1  121 

Returns  of  election  of  Attorney-Gen- 
eral    2  122 

Removal  of  State's  Attorney 7  122 

Returns  of  election  of  State's  Attorney  8  122 

S. 

Senators,  election  of 2-7-8    113-114 

Senators,  qualification  of 8  114 

Senators,  qualifications  of 9-41     115-116 

Surveyor,  election'of 2  123 

State's  Attorney,  election  of 7  122 


221 

Sec.  Page. 

State's  Attorney,  term  of 7  122 

State's  Attorney,  removal  of 7  122 

State's  Attorney,  returns  of  election  of  8  122 

State's  Attorney,  qualifications  of 10  122 

Sheriffs  to  give  notice  of  election 125 

Supreme  Bench  of  Baltimore  city 27  119 

Sheriffs,  election  of 44  121 

Supreme  Bench  of  Baltimore  city,  ad- 
ditional judges  of  39  120 

T. 

Term  of  clerks  of  courts  of  Baltimore 

city 37  120 

Term  of  judges  of  courts 3  117 

Term  of  clerk  of  the  Court  of  Appeals  17  118 

Term  of  clerk  of  the  Circuit  Courts 25  119 

Term  of  Attorney-General 1  121 

Term  of  State's  Attorney 7  122 

Term  of  Comptroller 1  123 

Term  of  officers 9  125 

V. 

Voting  fraudulently 4  110 

Voters,  qualifications  of 1-2     109-110 

Voters,  registration  of 5  110 

Vacancies,  judges  of  courts,  how  filled  5  110 
Vacancy,  clerk  of  the  Court  of  Appeals  17  118 
Vacancy,  clerk  of  the  Circuit  Courts . .  25  119 
Vacancies,  clerks  of  courts  of  Balti- 
more city 37  120 

Vacancy,  Comptroller 1  123 

W. 

Wreck-Master,  election  of 6  124 


Index  to  Extracts  from  the   Constitution 
of  the  United  States. 


Sec.      Page. 

Apportionment  of  Members,  House  of 

Representatives 2  127 

Congressional  elections 4  128 

Classification  of  Senators 3  127 

Elections,  Congressional 4  128 

Election  of  Members  of  House  of  Rep- 
resentatives   2  127 

Election  of  President  of  the  United 

States Amd.  12  129 

Election  of  Vice-President  of  the 

UnitedStates Amd.  12  129 

House  of  Representatives,  apportion- 
ment of  members Sec.  2  130 

House  of  Representatives,  election  of 

members  of 2  130 

House  of  Representatives,  number  of 

members  of 2  130 

House  of  Representatives,  qualifica- 
tions of  members 2  130 

House  of  Representatives,  vacancies. . .  3  127 

Naturalization Art.  1  127 

President  of  the  United  States,  elec- 
tion of Amd.  12  129 

Qualifications  of  Members  of  House  of 

Representatives Sec.  2  127 

Qualifications  of  Senators 3  127 

Qualifications  of  Senators  and  Repre- 
sentatives   3  127 

Qualifications  of  Senators  and  Repre- 
sentatives   Art.  6  129 

Right  of  suffrage Sec.  1  130 

Senators,  classification  of 3  127 

Senators,  number  of 3  127 

Senators  and  Representatives,  qualifi- 
cations of 3  127 

Senators,  qualifications  of 3  127 

Suffrage,  right  of 1  130 

Vacancies,  House  of  Representatives..  2  127 

Vice-President  of  the  United  States, 

election  of .  ...  .  .Amd.  12  129 


